DETAILED ACTION
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 .
Status of Claims
1. Claims 1, 3, 7, 11, and 15 are currently amended and claim 2 is cancelled.
2. Claims 1 and 3-20 are pending.
3. Claims 1 and 3-20 are rejected.
Response to Arguments
4. Regarding Prior Art Rejections:
Applicant’s amendments and arguments to claims 1 and 11 have been considered and are not persuasive. The rejections under 35 U.S.C. 103 are maintained. Additionally, applicant’s arguments are rejected under a new ground of rejection necessitated by the amendment.
5. Applicant argues in remarks:
Without acquiescing as to the appropriateness of the rejection, and for expeditious prosecution, independent claims 1, 11, and 16 have been amended to recite, in part "determining a status change of the peripheral device, wherein the status change include environmental factors; calculating, in response to the status change, a toggle factor for each of the two or computing devices, wherein the toggle factor indicates a likelihood the peripheral device is intended to be used with a particular device; and toggling, in response to the calculating statudevice and not active with the first computing device." as supported by at least 10032 of the specification and originally filed claim 2.
Applicant submits Passeri does not teach or suggest at least the newly added limitations. The Office Action relies on Passeri Column 6 which discusses moving cursor to a certain position to trigger an input switch to a different device. This is not the same as the newly added limitation. In Passeri, the trigger is based on the position of the cursor on the screen, not the "environmental factors" of the input device. Further, nothing in Passeri teaches "toggling" is based on a calculation as in the amended claims. Thus, Passeri does not teach or suggest each and every limitation of the amended independent claims.
Applicant submits that dependent claims 7, 9, 10, 12, 13, 16, 17, and 18 are allowable for at least the same reasons as the independent claims from which they depend. However, Applicant reserves the right to individually address the rejections against dependent claims 7, 9, 10, 12, 13, 16, 17, and 18, and 20 the future.
Claims 2-6, 14, and 19-20 are rejected under 35 U.S.C 103 as being unpatentable over Passeri et al. US 10742730 B2, as applied in claim 1, in view of Gicklhorn et al. US 20120127012 Al. Claim 8 is rejected under 35 U.S.C 103 as being unpatentable over Passeri et al. US 10742730 B2, as applied in claim 1, in view of Li et al. US 20220308683 Al. Applicant submits that dependent claims 3-6, 14, 19, and 20 are allowable for at least the same reasons as the independent claims from which they depend. However, Applicant reserves the right to individually address the rejections against dependent claims 3-6, 14, 19, and 20 the future. Claim 2 is canceled, as such the rejection against claim 2 is moot. Based on the foregoing, Applicant respectfully request the rejection based on 35 U.S.C. §103 be withdrawn.
6. With the newly amended claims, the overall scope of the claim does not read the same way it
did before. Therefore, new art and combination thereof was introduced to better suit the new scope of
the claims. Additionally, Examiner notes that the filed claim amendments do not reflect any amendments to claim 16.
7. Passeri does not teach of the new limitations of the amended claims. Additionally, Passeri teaches that the trigger is the position of the cursor on the screen, not the environmental factors of the input device. However, in analogous art, Li teaches:
[0057] FIG. 6 illustrates the use of wireless protocols to determine a direction of a computing device from a pointing device according to an embodiment. Once the pointing device 100 enters the 3D operational mode, the pointing mode may obtain direction and distance information from its internal communications modules, such as UWB module 316, that provides location information when communicating with other computing devices of the system 200 that also have UWB receivers. The UWB module 316 on the pointing device 100 includes a MIMO transceiver with multiple transmit and receive antennas. A speaker 206 and a television 208 also include UWB modules that include a MIMO transceiver with multiple transmit and receive antennas. The use of multiple transmit and receive antennas can allow the reception of measurement parameters such as RSS, ToF, AoA, ToA, TDoA, etc. that can provide information relating to a direction and a distance between the pointing device 100 and the speaker 206, and between the pointing device 100 and the television 208, for example. For example, the speaker or the television may transmit location information back to the pointing device over the communications network 212. When the pointing device 100 is pointed at one of the speaker 206 or the television 208, the MIMO transmit antennas can be pointed more directly towards that device (e.g. the speaker or the television) and which can result in a stronger received signal at the speaker or the television. In this way, the system 200 may determine which computing device of the system 200 is being pointed at by the pointing device 100. The pointing device 100 may use other communications modules instead of the UWB module 316 or in addition to the UWB module 316 to produce similar results. The pointing device 100 may also use the IMU sensor 310 to obtain orientation or rotation information to determine which computing device is being pointed to by the pointing device 100.
[0059] FIG. 7B illustrates a method of changing the operational mode of a pointing device according to an embodiment. When in either 2D operational mode or 3D operational mode, the pointing device 100 detects a change in the proximity sensor reading 712 that indicates the distance, H, from the pointing device 100 to a supporting surface such as a table top. The height can be compared to a predetermined threshold h.sub.0 714. If the height H is greater that h.sub.0, the pointing device enters 3D operational mode or remains in 3D operational mode. If the height H is less than or equal to h.sub.0, the pointing device enters 2D operational mode or remains in 2D operational mode. When entering 2D operational mode, location information for the computing devices in the vicinity may be used to determine which computing device may then be controlled by the pointing device 100 while in 2D operational mode.
8. Li teaches how environmental factors, such as location and height, are what trigger a peripheral device to connect to a computing device. Additionally in analogous art, Lin teaches:
[0022] A valid intention-based pairing occurs when the user intention result 350 contains at least one satisfactory candidate device or object that has a pairing probability greater than a threshold probability. The threshold probability is a benchmark that differentiates the odds of a case correctly predicting the user's pairing intention with the targeted device or object to the odds of a case incorrectly predicting the targeted device or object; [0024] In FIG. 3, upon receiving the pairing information 300 at the server 200, an user intention predictive model 340 takes the incoming pairing information 300 and returns a user intention result 350, which may comprise of a pairing probability 360 and an optional information 370. The pairing probability 360 is the probability of the odds of correctly predicting the user's intention to pair with a particular device or object nearby.
[0025] It would be the aim of the user intention predictive model 340 to bridge this "perception gap" between humans and machines and convert the pairing information 300 into a quantifiable value that tells specifically what value of probability is the user's intrinsic intention to connect with exactly which device nearby.
9. Lin teaches of a toggle factor and score that uses a user’s likelihood of intention to determine whether or not to connect to a nearby device. Together, Li and Lin teach of the new limitations of the amended claims. Additionally, claims 3-10 and 12-20 depend from and further limit amended claims 1 and 11 and are therefore also rejected under 35 U.S.C 103. The full rejection can be found in the 35 U.S.C. 103 rejection section below.
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.
10. Claims 1, 3, and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. US 20220308683 A1 in view of Lin et al. US 20150126118 A1.
Li was cited in IDS filed on 06/02/2023.
11. With regard to claim 1, Li teaches:
A computer-implemented method comprising:
identifying two or more computing devices including a first computing device and a second computing device, wherein each of the two or more computing devices is capable of interacting with a peripheral device ([0011] In accordance with exemplary embodiments, there is provided a pointing device including a mode switching apparatus that switches the pointing device between a two-dimensional (2D) operational mode and a three-dimensional (3D) operational mode and a sensor configured to determine a pointing direction of the pointing device and locations of a plurality of computing devices. When in the 2D operational mode, the pointing device is paired with a first computing device of the plurality of computing devices and controls the first computing device and when in the 3D operational mode, the pointing device is configured to select a second computing device of the plurality of computing devices additionally to control, the selection based on one or more of the pointing direction of the pointing device and the location of the second computing device.);
connecting the peripheral device to each of the two or more computing devices, wherein the peripheral device is active with the first computing device of the two or more computing devices ([0011] When in the 2D operational mode, the pointing device is paired with a first computing device of the plurality of computing devices and controls the first computing device [...]);
determining a status change of the peripheral device, wherein the status change include environmental factors ([0011] [...] when in the 3D operational mode, the pointing device is configured to select a second computing device of the plurality of computing devices additionally to control, the selection based on one or more of the pointing direction of the pointing device and the location of the second computing device; [0057] For example, the speaker or the television may transmit location information back to the pointing device over the communications network 212. When the pointing device 100 is pointed at one of the speaker 206 or the television 208, the MIMO transmit antennas can be pointed more directly towards that device (e.g. the speaker or the television) and which can result in a stronger received signal at the speaker or the television. In this way, the system 200 may determine which computing device of the system 200 is being pointed at by the pointing device 100. The pointing device 100 may use other communications modules instead of the UWB module 316 or in addition to the UWB module 316 to produce similar results. The pointing device 100 may also use the IMU sensor 310 to obtain orientation or rotation information to determine which computing device is being pointed to by the pointing device 100; Examiner’s Note: The status change is the toggling between 2D and 3D mode, which is triggered by environmental factors such as pointing and direction.);
toggling, in response to the calculating, a data exchange such that the peripheral device is active with the second computing device and not active with the first computing device ([0050] The pointing device 100 and the computing devices of the system 200 implementing communications protocols that allow for the calculation of the location, direction, or distance between devices may be used in embodiments to determine if the pointing device 100 is pointed at a particular computing device or multiple computing devices; [0054] FIG. 5 illustrates the use of a proximity sensor to determine the height of a pointing device over a flat surface, according to an embodiment. The pointing device 100 may be used as a conventional 2D pointing device paired with a computing device, such as a computer mouse used to control a single computing device or may be used as a 3D pointing device to control a system 200 of computing devices including interactions, such as file transfers, between devices. Embodiments include methods to switch between these 2D and 3D operational modes which may be based on a number of actions. One action is to use the proximity sensor 320 in the pointing device 100 and may be used to switch between 2D and 3D operational modes. If the proximity sensor detects that the distance between the pointing device 100 and a supporting surface, such as a table surface, is less than h.sub.0, the pointing device 100 can be in 2D operational mode. If the proximity sensor detects that the distance between the pointing device 100 and a supporting surface is more than h.sub.0, the pointing device 100 may enter 3D operational mode. If the proximity sensor associated with the pointing device later detects that the pointing device comes within the distance of h.sub.0 above the table top, the pointing device can return to 2D operational mode. The switching between 2D operational mode and 3D operational mode may also be qualified by using the IME 310 to determine the speed, tilt, etc. of the pointing device 100 such that the pointing device can be configured to only enter 2D operational mode if, for example, a bottom surface of the pointing device 100 is relatively horizontal; [0057] FIG. 6 illustrates the use of wireless protocols to determine a direction of a computing device from a pointing device according to an embodiment. Once the pointing device 100 enters the 3D operational mode, the pointing mode may obtain direction and distance information from its internal communications modules, such as UWB module 316, that provides location information when communicating with other computing devices of the system 200 that also have UWB receivers. The UWB module 316 on the pointing device 100 includes a MIMO transceiver with multiple transmit and receive antennas. A speaker 206 and a television 208 also include UWB modules that include a MIMO transceiver with multiple transmit and receive antennas. The use of multiple transmit and receive antennas can allow the reception of measurement parameters such as RSS, ToF, AoA, ToA, TDoA, etc. that can provide information relating to a direction and a distance between the pointing device 100 and the speaker 206, and between the pointing device 100 and the television 208, for example. For example, the speaker or the television may transmit location information back to the pointing device over the communications network 212. When the pointing device 100 is pointed at one of the speaker 206 or the television 208, the MIMO transmit antennas can be pointed more directly towards that device (e.g. the speaker or the television) and which can result in a stronger received signal at the speaker or the television. In this way, the system 200 may determine which computing device of the system 200 is being pointed at by the pointing device 100. The pointing device 100 may use other communications modules instead of the UWB module 316 or in addition to the UWB module 316 to produce similar results. The pointing device 100 may also use the IMU sensor 310 to obtain orientation or rotation information to determine which computing device is being pointed to by the pointing device 100; [0059] FIG. 7B illustrates a method of changing the operational mode of a pointing device according to an embodiment. When in either 2D operational mode or 3D operational mode, the pointing device 100 detects a change in the proximity sensor reading 712 that indicates the distance, H, from the pointing device 100 to a supporting surface such as a table top. The height can be compared to a predetermined threshold h.sub.0 714. If the height H is greater that h.sub.0, the pointing device enters 3D operational mode or remains in 3D operational mode. If the height H is less than or equal to h.sub.0, the pointing device enters 2D operational mode or remains in 2D operational mode. When entering 2D operational mode, location information for the computing devices in the vicinity may be used to determine which computing device may then be controlled by the pointing device 100 while in 2D operational mode; Examiner’s Note: When the pointing device is in 2D mode, it is paired with a computing device and controls only that device. Therefore, when the pointing device switches from 2D mode, to 3D mode, and back to 2D mode, it is no longer active with the device that it was initially in 2D mode with. Data is exchanged through the communication modules.).
Li teaches of first and second computing devices that are capable of connecting to a peripheral device. The peripheral device is connected to and from the first and second devices based on a user intent and status change that involves environmental factors. Additionally, Li teaches of protocols that allow for the calculation of the location, direction, or distance between devices that can be used to determine if the pointing device is pointed at a particular computing device. Li however, fails to explicitly teach that the calculating, in response to the status change, a toggle factor for each of the two or computing devices, wherein the toggle factor indicates a likelihood the peripheral device is intended to be used with a particular device.
However, in analogous art, Lin teaches:
calculating, in response to the status change, a toggle factor for each of the two or computing devices, wherein the toggle factor indicates a likelihood the peripheral device is intended to be used with a particular device ([0022] A valid intention-based pairing occurs when the user intention result 350 contains at least one satisfactory candidate device or object that has a pairing probability greater than a threshold probability. The threshold probability is a benchmark that differentiates the odds of a case correctly predicting the user's pairing intention with the targeted device or object to the odds of a case incorrectly predicting the targeted device or object; [0024] In FIG. 3, upon receiving the pairing information 300 at the server 200, an user intention predictive model 340 takes the incoming pairing information 300 and returns a user intention result 350, which may comprise of a pairing probability 360 and an optional information 370. The pairing probability 360 is the probability of the odds of correctly predicting the user's intention to pair with a particular device or object nearby; [0025] It would be the aim of the user intention predictive model 340 to bridge this "perception gap" between humans and machines and convert the pairing information 300 into a quantifiable value that tells specifically what value of probability is the user's intrinsic intention to connect with exactly which device nearby.); and
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Li with teachings of Lin where calculating, in response to the status change, a toggle factor for each of the two or computing devices, wherein the toggle factor indicates a likelihood the peripheral device is intended to be used with a particular device. Li teaches of protocols that allow for the calculation of the location, direction, or distance between devices that can be used to determine if the pointing device is pointed at a particular computing device. Similarly, Lin teaches of a threshold probability, which acts as a toggle factor, in order to predict the user’s pairing intention with the targeted device ([0022]). As discussed in Lin, an intention-based contactless pairing system is programmed to capture the user's intended pairing device or object, compute a pairing predictive score based on a relative location value and a relative direction value with respect to a plurality of candidate devices or objects nearby, determine the maximum likelihood of a correctly predicted device pairing, pick the correct user intended device or object among the plurality of candidate devices or objects nearby and complete the pairing ([0020]). Therefore, ensuring that the user is connected to the correct device among the plurality of candidates and minimizing interruptions to user experience.
12. With regard to claim 3, Lin further teaches:
wherein the toggling is in response to the toggle factor for the second computing device exceeding a predetermined threshold ([0022] A valid intention-based pairing occurs when the user intention result 350 contains at least one satisfactory candidate device or object that has a pairing probability greater than a threshold probability. The threshold probability is a benchmark that differentiates the odds of a case correctly predicting the user's pairing intention with the targeted device or object to the odds of a case incorrectly predicting the targeted device or object; [0024] In FIG. 3, upon receiving the pairing information 300 at the server 200, an user intention predictive model 340 takes the incoming pairing information 300 and returns a user intention result 350, which may comprise of a pairing probability 360 and an optional information 370. The pairing probability 360 is the probability of the odds of correctly predicting the user's intention to pair with a particular device or object nearby; [0025] It would be the aim of the user intention predictive model 340 to bridge this "perception gap" between humans and machines and convert the pairing information 300 into a quantifiable value that tells specifically what value of probability is the user's intrinsic intention to connect with exactly which device nearby.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Li with the teachings of Lin wherein the toggling is in response to the toggle factor for the second computing device exceeding a predetermined threshold. By establishing a threshold, it increases the accuracy of the likelihood the peripheral device is intended to be used with a particular device. For example, in Lin, the threshold probability is a benchmark that differentiates the odds of a case correctly predicting the user's pairing intention with the targeted device or object to the odds of a case incorrectly predicting the targeted device or object ([0022]). By limiting the connection to a threshold, the connection of the peripheral device to a computing device can more accurately connect when a user desires, instead of making wrong connections and disrupting the user’s activity.
13. With regard to claim 7, Li further teaches:
further comprising:
monitoring the peripheral device and each of the computing devices for a change in movement data, spatial data, and environmental data, wherein the status change is based on a change in the monitored data ([0050] The pointing device 100 and the computing devices of the system 200 implementing communications protocols that allow for the calculation of the location, direction, or distance between devices may be used in embodiments to determine if the pointing device 100 is pointed at a particular computing device or multiple computing devices; [0054] FIG. 5 illustrates the use of a proximity sensor to determine the height of a pointing device over a flat surface, according to an embodiment. The pointing device 100 may be used as a conventional 2D pointing device paired with a computing device, such as a computer mouse used to control a single computing device or may be used as a 3D pointing device to control a system 200 of computing devices including interactions, such as file transfers, between devices. Embodiments include methods to switch between these 2D and 3D operational modes which may be based on a number of actions. One action is to use the proximity sensor 320 in the pointing device 100 and may be used to switch between 2D and 3D operational modes. If the proximity sensor detects that the distance between the pointing device 100 and a supporting surface, such as a table surface, is less than h.sub.0, the pointing device 100 can be in 2D operational mode. If the proximity sensor detects that the distance between the pointing device 100 and a supporting surface is more than h.sub.0, the pointing device 100 may enter 3D operational mode. If the proximity sensor associated with the pointing device later detects that the pointing device comes within the distance of h.sub.0 above the table top, the pointing device can return to 2D operational mode. The switching between 2D operational mode and 3D operational mode may also be qualified by using the IME 310 to determine the speed, tilt, etc. of the pointing device 100 such that the pointing device can be configured to only enter 2D operational mode if, for example, a bottom surface of the pointing device 100 is relatively horizontal; [0059] FIG. 7B illustrates a method of changing the operational mode of a pointing device according to an embodiment. When in either 2D operational mode or 3D operational mode, the pointing device 100 detects a change in the proximity sensor reading 712 that indicates the distance, H, from the pointing device 100 to a supporting surface such as a table top. The height can be compared to a predetermined threshold h.sub.0 714. If the height H is greater that h.sub.0, the pointing device enters 3D operational mode or remains in 3D operational mode. If the height H is less than or equal to h.sub.0, the pointing device enters 2D operational mode or remains in 2D operational mode. When entering 2D operational mode, location information for the computing devices in the vicinity may be used to determine which computing device may then be controlled by the pointing device 100 while in 2D operational mode.).
14. With regard to claim 8, Li further teaches:
wherein each computing device and the peripheral device include at least one sensor, wherein the at least one sensor detects movement ([0011] In accordance with exemplary embodiments, there is provided a pointing device including a mode switching apparatus that switches the pointing device between a two-dimensional (2D) operational mode and a three-dimensional (3D) operational mode and a sensor configured to determine a pointing direction of the pointing device and locations of a plurality of computing devices. When in the 2D operational mode, the pointing device is paired with a first computing device of the plurality of computing devices and controls the first computing device and when in the 3D operational mode, the pointing device is configured to select a second computing device of the plurality of computing devices additionally to control, the selection based on one or more of the pointing direction of the pointing device and the location of the second computing device; [0042] FIG. 1 illustrates a pointing device 100 featuring a mode switching apparatus 108, according to an embodiment. While the mode switching apparatus 108 is configured and illustrated as a button in FIG. 1, it would be readily understood that the mode switching apparatus 108 can take on other configurations including a switch, toggle, pressure sensor or other mechanism or sensor that is capable of detecting a desired action. In this embodiment the pointing device 100 has the shape of a traditional computer mouse. The pointing device 100 has a housing 102 and includes two buttons 104a and 104b. The pointing device 100 also includes a scroll wheel 106. A mode switching apparatus 108 is placed on one side of the pointing device 100 and may be used to toggle the pointing device between a 2D operational mode and a 3D operational mode. The pointing device may be wireless or wired. In the case of a wired device, the wired connection (not shown) may be used to connect the pointing device 100 to a computing device for control purposes or for charging an internal battery of the pointing device 100.).
15. With regard to claim 9, Li further teaches:
wherein the toggling includes changing an input channel on the peripheral device ([0023] In further exemplary embodiments, the pointing device uses a ultrawide band (UWB) communication module to determine the pointing direction of the pointing device; [0044] FIG. 2 illustrates a pointing device 100 capable of operating with a system of computing devices 200, according to an embodiment. Any number of computing devices may be included in the system. Each computing device includes the necessary computer hardware to communicate using one or more wireless or wired networks as is necessary for them to be controlled and have files transferred to them or from them. The non-exhaustive list of computing devices may include a computer 202, a tablet 204, an audio speaker 206, a television 208, and a smartphone 210. The computer 202 may be a laptop or desktop computer including a processor, memory, and wired or wireless communication interfaces such as Ethernet, WiFi, Bluetooth, etc; [0057] FIG. 6 illustrates the use of wireless protocols to determine a direction of a computing device from a pointing device according to an embodiment. Once the pointing device 100 enters the 3D operational mode, the pointing mode may obtain direction and distance information from its internal communications modules, such as UWB module 316, that provides location information when communicating with other computing devices of the system 200 that also have UWB receivers. The UWB module 316 on the pointing device 100 includes a MIMO transceiver with multiple transmit and receive antennas. A speaker 206 and a television 208 also include UWB modules that include a MIMO transceiver with multiple transmit and receive antennas. The use of multiple transmit and receive antennas can allow the reception of measurement parameters such as RSS, ToF, AoA, ToA, TDoA, etc. that can provide information relating to a direction and a distance between the pointing device 100 and the speaker 206, and between the pointing device 100 and the television 208, for example. For example, the speaker or the television may transmit location information back to the pointing device over the communications network 212. When the pointing device 100 is pointed at one of the speaker 206 or the television 208, the MIMO transmit antennas can be pointed more directly towards that device (e.g. the speaker or the television) and which can result in a stronger received signal at the speaker or the television. In this way, the system 200 may determine which computing device of the system 200 is being pointed at by the pointing device 100. The pointing device 100 may use other communications modules instead of the UWB module 316 or in addition to the UWB module 316 to produce similar results. The pointing device 100 may also use the IMU sensor 310 to obtain orientation or rotation information to determine which computing device is being pointed to by the pointing device 100.).
16. With regard to claim 10, Li further teaches:
wherein the toggling turning off a first data input on the first device from the peripheral device and turning on a first data input on the second device from the peripheral device ([0026] Upon transfer into a three-dimensional (3D) operational mode, the machine executable instructions, which when executed by the processor further cause the pointing device to perform the step of additionally selecting, by the pointing device, a target computing device of the plurality of computing devices, the selecting based on an input at least in part received from a sensor; [0050] The pointing device 100 and the computing devices of the system 200 implementing communications protocols that allow for the calculation of the location, direction, or distance between devices may be used in embodiments to determine if the pointing device 100 is pointed at a particular computing device or multiple computing devices; [0054] FIG. 5 illustrates the use of a proximity sensor to determine the height of a pointing device over a flat surface, according to an embodiment. The pointing device 100 may be used as a conventional 2D pointing device paired with a computing device, such as a computer mouse used to control a single computing device or may be used as a 3D pointing device to control a system 200 of computing devices including interactions, such as file transfers, between devices. Embodiments include methods to switch between these 2D and 3D operational modes which may be based on a number of actions. One action is to use the proximity sensor 320 in the pointing device 100 and may be used to switch between 2D and 3D operational modes. If the proximity sensor detects that the distance between the pointing device 100 and a supporting surface, such as a table surface, is less than h.sub.0, the pointing device 100 can be in 2D operational mode. If the proximity sensor detects that the distance between the pointing device 100 and a supporting surface is more than h.sub.0, the pointing device 100 may enter 3D operational mode. If the proximity sensor associated with the pointing device later detects that the pointing device comes within the distance of h.sub.0 above the table top, the pointing device can return to 2D operational mode. The switching between 2D operational mode and 3D operational mode may also be qualified by using the IME 310 to determine the speed, tilt, etc. of the pointing device 100 such that the pointing device can be configured to only enter 2D operational mode if, for example, a bottom surface of the pointing device 100 is relatively horizontal; [0059] FIG. 7B illustrates a method of changing the operational mode of a pointing device according to an embodiment. When in either 2D operational mode or 3D operational mode, the pointing device 100 detects a change in the proximity sensor reading 712 that indicates the distance, H, from the pointing device 100 to a supporting surface such as a table top. The height can be compared to a predetermined threshold h.sub.0 714. If the height H is greater that h.sub.0, the pointing device enters 3D operational mode or remains in 3D operational mode. If the height H is less than or equal to h.sub.0, the pointing device enters 2D operational mode or remains in 2D operational mode. When entering 2D operational mode, location information for the computing devices in the vicinity may be used to determine which computing device may then be controlled by the pointing device 100 while in 2D operational mode; Examiner’s Note: When the pointing device is in 2D mode, it is paired with a computing device and controls only that device. Therefore, when the pointing device switches from 2D mode, to 3D mode, and back to 2D mode, it is no longer active with the device that it was initially in 2D mode with. Data input is received from the sensor.).
17. Regarding claim 11, it is rejected under the same reasoning as claim 1 above. Therefore, it is rejected under the same rationale.
18. Regarding claim 12, it is rejected under the same reasoning as claim 9 above. Therefore, it is rejected under the same rationale.
19. Regarding claim 13, it is rejected under the same reasoning as claim 10 above. Therefore, it is rejected under the same rationale.
20. With regard to claim 14, Lin further teaches:
further comprising:
a channel manager configured to calculate a toggle score, wherein the toggle score indicates a likelihood the peripheral is intended to be used with a particular device ([0020] An intention-based contactless pairing system is programmed to capture the user's intended pairing device or object, compute a pairing predictive score based on a relative location value and a relative direction value with respect to a plurality of candidate devices or objects nearby, determine the maximum likelihood of a correctly predicted device pairing, pick the correct user intended device or object among the plurality of candidate devices or objects nearby and complete the pairing.); and
the program instructions are further configured to cause the processor to:
calculate, in response to the status change, a toggle factor for each computing device ([0022] A valid intention-based pairing occurs when the user intention result 350 contains at least one satisfactory candidate device or object that has a pairing probability greater than a threshold probability. The threshold probability is a benchmark that differentiates the odds of a case correctly predicting the user's pairing intention with the targeted device or object to the odds of a case incorrectly predicting the targeted device or object.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Li with teachings of Lin further comprising: a channel manager configured to calculate a toggle score, wherein the toggle score indicates a likelihood the peripheral is intended to be used with a particular device; and the program instructions are further configured to cause the processor to: calculate, in response to the status change, a toggle factor for each computing device. Li teaches of protocols that allow for the calculation of the location, direction, or distance between devices that can be used to determine if the pointing device is pointed at a particular computing device. Similarly, Lin teaches of a threshold probability, which acts as a toggle factor, in order to predict the user’s pairing intention with the targeted device ([0022]). As discussed in Lin, an intention-based contactless pairing system is programmed to capture the user's intended pairing device or object, compute a pairing predictive score based on a relative location value and a relative direction value with respect to a plurality of candidate devices or objects nearby, determine the maximum likelihood of a correctly predicted device pairing, pick the correct user intended device or object among the plurality of candidate devices or objects nearby and complete the pairing ([0020]). Therefore, ensuring that the user is connected to the correct device among the plurality of candidates and minimizing interruptions to user experience.
21. Regarding claim 15, it is rejected under the same reasoning as claim 7 above. Therefore, it is rejected under the same rationale.
22. Regarding claim 16, it is rejected under the same reasoning as claim 1 above. Therefore, it is rejected under the same rationale.
23. Regarding claim 17, it is rejected under the same reasoning as claim 9 above. Therefore, it is rejected under the same rationale.
24. Regarding claim 18, it is rejected under the same reasoning as claim 10 above. Therefore, it is rejected under the same rationale.
25. With regard to claim 19, Lin further teaches:
wherein the program instructions are further configured to cause the processing unit to:
calculate, in response to the status change, a toggle factor for each computing device, wherein the toggle factor indicates a likelihood the peripheral is intended to be used with a particular device ([0022] A valid intention-based pairing occurs when the user intention result 350 contains at least one satisfactory candidate device or object that has a pairing probability greater than a threshold probability. The threshold probability is a benchmark that differentiates the odds of a case correctly predicting the user's pairing intention with the targeted device or object to the odds of a case incorrectly predicting the targeted device or object; [0024] In FIG. 3, upon receiving the pairing information 300 at the server 200, an user intention predictive model 340 takes the incoming pairing information 300 and returns a user intention result 350, which may comprise of a pairing probability 360 and an optional information 370. The pairing probability 360 is the probability of the odds of correctly predicting the user's intention to pair with a particular device or object nearby; [0025] It would be the aim of the user intention predictive model 340 to bridge this "perception gap" between humans and machines and convert the pairing information 300 into a quantifiable value that tells specifically what value of probability is the user's intrinsic intention to connect with exactly which device nearby.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Li with teachings of Lin wherein the program instructions are further configured to cause the processing unit to: calculate, in response to the status change, a toggle factor for each computing device, wherein the toggle factor indicates a likelihood the peripheral is intended to be used with a particular device. Li teaches of protocols that allow for the calculation of the location, direction, or distance between devices that can be used to determine if the pointing device is pointed at a particular computing device. Similarly, Lin teaches of a threshold probability, which acts as a toggle factor, in order to predict the user’s pairing intention with the targeted device ([0022]). As discussed in Lin, an intention-based contactless pairing system is programmed to capture the user's intended pairing device or object, compute a pairing predictive score based on a relative location value and a relative direction value with respect to a plurality of candidate devices or objects nearby, determine the maximum likelihood of a correctly predicted device pairing, pick the correct user intended device or object among the plurality of candidate devices or objects nearby and complete the pairing ([0020]). Therefore, ensuring that the user is connected to the correct device among the plurality of candidates and minimizing interruptions to user experience.
26. Regarding claim 20, it is rejected under the same reasoning as claim 3 above. Therefore, it is rejected under the same rationale.
27. Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. US 20220308683 A1 and Lin et al. US 20150126118 A1, as applied in claim 1, in further view of Gicklhorn et al. US 20120127012 A1.
Gicklhorn was cited in IDS filed on 06/02/2023.
28. With regard to claim 4, Li and Lin teach the computer-implemented method of claim 1 but fail to explicitly teach wherein the toggle factor ranks each of the two or more computing devices.
However, in analogous art, Gicklhorn teaches:
wherein the toggle factor ranks each of the two or more computing devices ([0043] This list comprises a listing of potential receiving devices the user is pointing to based upon the information received so far (position and horizontal orientation)... Then at 334 a vertical item may be selected from the horizontal selection list, basically making the final determination of the user intent.; Examiner’s Note: There is a list of potential receiving devices (computing devices). Based on position and horizontal orientation information, there is a final device selected from the list. The final selection indicates that the potential receiving devices are being compared to each other, or ranked.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Li and Lin with the teachings of Gicklhorn wherein the toggle factor ranks each of the two or more computing devices. By comparing and ranking devices based on toggle factor, it enables the devices to determine the user’s intent. In this case, direction and orientation allows the devices to determine that the user is likely pointing the peripheral device at one device rather than the other, as discussed in Gicklhorn ([0043]). This ensures that connection between devices is seamless for the user and minimizes disruptions in user activity.
29. With regard to claim 5, Gicklhorn further teaches:
wherein the toggling is in response to the toggle factor for the second computing device being a higher rank than a toggle factor for the first device ([0054] If inclination information is also gathered, the system is able to utilize a horizontally and vertically calibrated target, which is represented by a sphere 804. The size of the sphere depends on the horizontal and vertical thresholds for the target. It should be noted that this shape may not be a true sphere, as if the horizontal threshold differs from the vertical threshold, the "sphere" may appear flattened in certain directions. However, for illustrative purposes a true sphere is depicted having a matching vertical and horizontal threshold. The shapes in this figure represent virtualizations of the shape of the space encompassing the receiving devises; [0058] With the above-described system, given the current relative state parameters of each device, a user "intent" can be established simply as the minimization of the relative orientation difference between the handheld device and an external device. When this state is established, an intent is generated on behalf of the user and is available to any available internal system or external entity for utilization. For example, when used in the setting of device discovery, this could be used to "pair" the handheld device to an external device when it is pointed at it; Examiner’s Note: The computing device that falls within the spherical threshold would have the peripheral device connected to it. The computing device with the “minimization of the relative orientation difference between the handheld device and an external device” would be considered to be “higher ranked” than other computing devices since it is determined the user is more likely intending to connect to this computing device.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Li and Lin with the teachings of Gicklhorn wherein the toggling is in response to the toggle factor for the second computing device being a higher rank than a toggle factor for the first device. By comparing and ranking devices based on toggle factor, it enables the devices to determine the user’s intent. In this case, direction and orientation allows the devices to determine that the user is likely pointing the peripheral device at one device rather than the other, as discussed in Gicklhorn ([0058]). In Gicklhorn, if a device falls within the spherical threshold, it would have the peripheral device connected to it. The computing device with the “minimization of the relative orientation difference between the handheld device and an external device” would be considered to be “higher ranked” than other computing devices since it is determined the user is more likely intending to connect to this computing device. This ensures that connection between devices is seamless for the user and minimizes disruptions in user activity.
30. With regard to claim 6, Gicklhorn further teaches:
wherein a changing of a topmost ranked computing device is a triggering event for the toggling ([0064] In another embodiment of the present invention, the user intent can also be determined with regard to a second user relative to a receiving device. The user may point their control device in the direction of another control device, allowing the system to detect and compare the relative orientations and positions of the devices and generate a user intent. For example, this could be used to simulate the dealing of a playing card from a deck of cards. Using the system of the present invention, the "dealer" will be able to deal playing cards to different players, distinguishing when the dealer is "flicking" a card to one user versus "flicking" the card to another. The corresponding screens on the various users' devices may be updated accordingly (e.g., the "dealer's" smartphone display may show a top card of a deck of cards sliding off in the direction of the user, whereas the appropriate "player's" smartphone display may show a card arriving from the direction of the dealer and being added to a hand of cards only visible on that particular player's smartphone display); Examiners’ Note: The pointing of a control device (peripheral device) to another receiving device indicates that the topmost ranked computing device has been changed. There is an example of a card game given.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Li and Lin with the teachings of Gicklhorn wherein a changing of a topmost ranked computing device is a triggering event for the toggling. When the topmost ranked computing is changed, it would be necessary to change the connection of the peripheral device. The peripheral device should be connected to the newly top ranked device. Gicklhorn teaches that the control device, or peripheral device, can be pointed to another control device and be connected to that ([0064]). An example of game that involves dealing cards is given. The peripheral device can be a dealer. When the dealer points to a certain player, the dealer’s device is connected to it and the cards are dealt to solely that user through their device. The dealer can then point to a different user and do the same. This ensures that the peripheral devices are connected to the correct computing devices, based on user intent. This minimizes disruptions to user activity.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/AN-AN NGOC NGUYEN/Examiner, Art Unit 2195 /Aimee Li/Supervisory Patent Examiner, Art Unit 2195
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