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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 June 2026 has been entered.
Response to Arguments
Claims 1 and 12 are amended.
Claims 1-3, 6-14, and 16 are presently pending
Applicant’s arguments, see Remarks, filed 10 June 2026, with respect to the rejections under 35 USC 112(a) and 35 USC 112(b) have been fully considered and are persuasive. The rejections under 35 USC 112(a) and 35 USC 112(b) have been withdrawn.
Applicant’s arguments, see Remarks, filed 10 June 2026, with respect to the rejections under 35 USC 103 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments against the rejection of the claims under 35 USC 103 (see Remarks, pgs. 6-9), the Examiner disagrees. Applicant argues “Vergoossen is directed primarily to components of a system that are connected by wired connections” and “…would not be applicable to the specific technical problems rooted firmly in a wireless connection system” (see Remarks, pg. 7). The Examiner notes that it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992).
In the Final Rejection mailed out on 19 March 2026 (hereinafter the Final), Vergoossen is introduced to specifically teach that synchronizing power of the communication channel between sink and source devices upon receiving a wake-up signal in order to provide reduce power consumption modes while ensuring that that both sink and source devices are operating in the same mode (see Final, pg. 14). Robinson is previously relied upon to teach systems and methods for providing a wake-up signal triggered by a detected user’s presence in front of a display device and receiver (i.e., respective sink and source devices). Finnegan is later introduced to teach wherein two different transceiver pairs could be utilized between source and sink devices, wherein a first low power transceiver pair operates to detect some sensor or activation signal which in turn causes activation/powering on of a secondary high-power transceiver pair that is utilized for transmission of A/V data from the source device to the sink device (see Final, pg. 15). Thus, Vergoossen’s teachings would still reasonably apply as the teachings are reasonably pertinent to the same particular problems of Robinson and Finnegan of powering up the communication interfaces of sink and source devices (i.e., the claimed first and second reception and transmission interfaces) during a wake-up activation of the system would still reasonably apply as the teachings are reasonably pertinent to the same particular problem
Regarding Applicant’s arguments that the rejection ‘ignores…the explicitly recited operational configurations of the A/V transmitting device…and A/V receiving device” (see Remarks, pgs. 7-8), attacking the Vergoossen reference’s teachings of its wake-up signals . The Examiner disagrees. The Examiner notes that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. Furthermore, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As noted above, Vergoossen is merely introduced to teach the concept of synchronizing the transmission/reception interfaces between A/V reception and transmission interfaces between sink and source devices upon wake-up signals. The specific details of wake-up signals based on detected user presence and use of first transmission/reception interfaces for transmitting sensed data and wake-up signals and second transmission/reception interfaces for transmission of AV data are disclosed and taught by Robinson, Pai, and Finnegan.
Applicant further attacks Finnegan as ‘not disclos[ing] a processor of the A/V transmitting device that “synchronizes” the power of both the second transmission interface and second reception interface, and attacks Pai as being ‘silent to any features related to a source device transmitting a power-on signal’ (see Remarks pg. 9). As noted before, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. Furthermore, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references.
As such, the combined teachings of Robinson, Pai, Vergoossen, and Finnegan disclose, teach, and suggest all of the limitations of independent claims 1 and 12.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6, 10-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson (US 2016/0127765 A1) (of record, hereinafter Robinson), in view of Pai (US 2014/0341533 A1) (of record, hereinafter Pai), further in view of Vergoossen et al. (US 2011/0062794 A1) (of record, hereinafter Vergoossen), and further in view of Finnegan (US 2018/0109999 A1) (of record, hereinafter Finnegan).
Regarding Claim 1, Robinson discloses a wireless display system, [Figs. 1-2] comprising:
an Audio/Video (A/V) receiving device [Fig. 1: display device 104] configured to:
acquire sensing data, [Fig. 1, 3; 0015, 0019-20: status sensor may detect presence or condition of viewers in the viewing environment, where sensor may include any sort of sensors and where sensor 108 may be incorporated in display device 104] and
transmit the acquired sensing data to an A/V transmitting device through a first reception interface using a first frequency band; [Figs. 1-3: 0019-0020, 0039: status sensor 108 (which may be incorporated in display device 104) may be in wired or wireless connection to television receiver 102 and provide sensor data to viewer status engine 110 in television receiver 102; 0024: where any variety of network interfaces may be used to communicate between devices (where it would be implicitly understood that wireless communication between devices would occur over a frequency band)] and
the A/V transmitting device [Figs. 1-2: television receiver 102] configured to:
receive the sensing data from the first reception interface through a first transmission interface, [Figs. 1-3: 0019-0020, 0039: status sensor 108 (which may be incorporated in display device 104) may be in wired or wireless connection to television receiver 102 and provide sensor data to viewer status engine 110 in television receiver 102; 0024: where any variety of network interfaces may be used to communicate between devices]
determine whether a user's presence is detected based on the sensing data, [Figs. 1-4: 0039-42: status data is analyzed to determine if a viewer is absent and/or present in the viewing environment, including if the viewer has left and subsequently if a viewer has returned to the viewing environment] and
when it is determined that the user's presence is detected, transmit a control signal to the first reception interface through the first transmission interface. [Figs. 1-4: 0039-42, 0047-50: where absence of viewer may cause receiver 102 to instruct display device 104 to initiate sleep/standby mode, and cause output/resumption of video content on the display device 104 upon return of user; 0051: where receiver may transmit signals to turn on/resume original states of various connected devices]
Robinson fails to explicitly disclose determine whether a user's motion has occurred based on the sensing data, and when it is determined that the user's motion has occurred, transmit a power-on signal to the first reception interface through the first transmission interface. (Emphasis on the particular elements of the limitations not explicitly disclosed by Robinson).
Pai, in analogous art, teaches determine whether a user's motion has occurred based on the sensing data, [Figs. 1-2, 5; 0016, 0032, 0036-0038, 0047-49: system monitors if motion was detected (step 506), and if so, may determine if display 321 is active or not, and if not, may generate a control to activate the television display] and
when it is determined that the user's motion has occurred, transmit a power-on signal to the first reception interface through the first transmission interface. [Figs. 1-2, 5; 0016, 0032, 0036-0038, 0047-49: system monitors if motion was detected (step 506), and if so, may determine if display 321 is active or not, and if not, may generate a control to activate the television display; 0022-23, 0033-35: where wireless implementations may include one or more transmitters/receivers/antenna]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Robinson with the teachings of Pai to specify transmitting a power on signal to a television device upon determining a user’s motion has occurred to provide automated powering off/on of a television display in order to provide energy conservation without requiring any action on the part of the user. [Pai – 0001, 0016]
Robinson and Pai fail to explicitly disclose to activate a second transmission interface including a plurality of transmission antennas according to the power-on signal, synchronize a power of the transmission interface and a reception interface of the A/V receiving device, and transmit A/V data to the reception interface through the activated transmission interface.
Vergoossen, in analogous art, teaches disclose to activate a transmission interface according to the power-on signa, synchronize a power of the transmission interface and a reception interface of the A/V receiving device, and transmit A/V data to the reception interface through the activated transmission interface. [Vergoossen – 0040-45, 0093: upon receiving wake-up signal (such as the power on signal of Robinson and Pai), both sink and source devices are instructed to turn on the communications channel for transmission of video data (i.e., some transmission interface is activated according to a power-on signal)]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Robinson and Pai with the teachings of Vergoossen to specify the A/V receiving device being configured to activate a transmission/reception interface according to a power on signal in order to synchronize power states of a sink and source to ensure reduced power consumption while ensuring both sink and source are operating in the same mode. [Vergoossen – ABST; 0019, 0047]
Robinson, Pai, and Vergoossen fail to explicitly disclose to activate a second transmission interface including a plurality of transmission antennas according to the power-on signal; the second transmission interface and a second reception interface of the A/V receiving device, the second transmission interface and the second reception interface being configured to wirelessly communicate using a second frequency band; wherein the first transmission interface and the first reception interface communicate using a low-frequency band, and the second transmission interface and the second reception interface communicate using a high-frequency band different from the low-frequency band. (Emphasis on the particular elements of the limitations not explicitly disclosed by Robinson, Pai, and Vergoossen – namely a second, separate transmission interface comprising a plurality of antennas, and wherein the first and second interfaces respectively use a first low-frequency band and a second high-frequency band).
Finnegan, in analogous art, teaches disclose to activate a second transmission interface including a plurality of transmission antennas according to the power-on signal; [Fig. 7; 0008, 0042-43, 0046-47, 0065-68: a source device 701 may be wirelessly connected to a sink device 751 via a wireless transceivers 703/753 (i.e., first reception/transmission interfaces) that may monitor for sensor or other activation signaling, upon which time a first transceiver 707/757 (i.e., second reception/transmission interfaces) are activated and turned on as a primary communication channel for transmission of source data; 0066-67: where each transceiver may comprises one or more antennas to facilitate operation of the transceivers. See also MPEP 2144.04(VI)(B)]
the second transmission interface and a second reception interface of the A/V receiving device, the second transmission interface and the second reception interface being configured to wirelessly communicate using a second frequency band; wherein the first transmission interface and the first reception interface communicate using a low-frequency band, and the second transmission interface and the second reception interface communicate using a high-frequency band different from the low-frequency band. [ Fig. 7; 0008, 0042-43, 0046-47, 0065-68: a source device 701 may be wirelessly connected to a sink device 751 via a wireless transceivers 703/753 (i.e., first reception/transmission interfaces) that may monitor for sensor or other activation signaling (such as the synced wake-up signal of Robinson, Pai, and Vergoossen), upon which time a first transceiver 707/757 (i.e., second reception/transmission interfaces) are activated and turned on as a primary communication channel for transmission of source data; 0008, 0040-46, 0049, 0052, 0065-66: where secondary monitoring interface may comprise a low-power wireless modality such as BLE (i.e., first transmission/reception interfaces) and higher power/capacity/bandwidth channel is used to transmit A/V data (i.e., second transmission/reception interfaces) such as WiFi or WiMax, etc. – where it would be inferably understood by one of ordinary skill in the art that Bluetooth operates at 2.4GHz, and where WiFi may operate at 5GHz and WiMax may operate up to the 11GHz band. See MPEP 2144.01]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Robinson, Pai, and Vergoossen with the teachings of Finnegan to specify use of a second reception interface in order to save power by maintaining high-power/high-capacity communications interfaces (such as WiFi/WiMax which may operate in higher frequency bands) in quiescent states except when activated by data transmitted over a second low-power communication interface. [Finnegan – 0005-8, 0042, 0066]
Regarding Claim 2, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 1 which are analyzed as previously discussed with respect to that claim.
Furthermore, Robinson and Pai disclose wherein the A/V receiving device is further configured to turn on a screen of a display according to the power-on signal received through the first reception interface. [Robinson - Figs. 1-4: 0039-42, 0047-50: where absence of viewer may cause receiver 102 to instruct display device 104 to initiate sleep/standby mode, and cause output/resumption of video content on the display device 104 upon return of user; 0051: where receiver may transmit signals to turn on/resume original states of various connected devices; Pai - Figs. 1-2, 5; 0016, 0032, 0036-0038, 0047-49: system monitors if motion was detected (step 506), and if so, may determine if display 321 is active or not, and if not, may generate a control to activate the television display; 0022-23, 0033-35: where wireless implementations may include one or more transmitters/receivers/antenna]
Regarding Claim 3, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 2 which are analyzed as previously discussed with respect to that claim.
Furthermore, Vergoossen and Finnegan disclose wherein the A/V transmitting device is further configured to activate the second reception interface including a plurality of transmission antennas according to the power-on signal. [Vergoossen – 0040-45, 0093: upon receiving wake-up signal, both sink (reception interface) and source devices are instructed to turn on the communications channel for transmission of video data; Finnegan – Fig. 7; 0008, 0042-43, 0046-47, 0065-68: a source device 701 may be wirelessly connected to a sink device 751 via a wireless transceivers 703/753 (i.e., first reception/transmission interfaces) that may monitor for sensor or other activation signaling (such as the wake-up signal of Robinson, Pai, and Vergoossen), upon which time a first transceiver 707/757 (i.e., second reception/transmission interfaces) are activated and turned on as a primary communication channel for transmission of source data; 0066-67: where each transceiver may comprises one or more antennas to facilitate operation of the transceivers. See also MPEP 2144.04(VI)(B)]
Regarding Claim 6, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 3 which are analyzed as previously discussed with respect to that claim.
Furthermore, Finnegan discloses wherein each of the first transmission interface and the first reception interface includes a circuit using the Bluetooth Low Energy (BLE) standard. [Finnegan – Fig. 7; 0008, 0040-46, 0049, 0052, 0066: where secondary monitoring interface may comprise a low-power wireless modality such as BLE]
Regarding Claim 10, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 3 which are analyzed as previously discussed with respect to that claim.
Furthermore, Robinson, Pai, Vergoossen, and Finnegan wherein the A/V receiving device includes:
a display, [Robinson – Figs. 1-2, 6; 0020: display device 104 ; Pai – Figs. 1-4; 0027-28: output devices may include a display/television]
a motion sensor configured to acquire the sensing data, [Robinson – Figs. 1-2; 0019-20: status sensor 108 which may be incorporated with the display device 104; Pai – Figs. 1-4; 0026, 0032, 0036: where the output 104 may comprise an integrated motion sensor 102]
the first reception interface configured to transmit the sensing data to the first transmission interface, [Robinson – Figs. 1-2, 6; 0018-21, 0024, 0028, 0052: receiver 102 and display 104 may be operative across one or more two-way communication links for providing data wireless through any type of communication channels; Pai – Figs. 1-4; 0022-24, 0030-33: where wireless implementations may include one or more transmitters/receivers/antenna. See also MPEP 2144.04(VI)(B); Finnegan – Fig. 7; 0008, 0040-46, 0049, 0052, 0066: transceivers 703/753 (i.e., first reception/transmission interfaces) that may monitor for sensor or other activation signaling (such as the wake-up signal of Robinson, Pai, and Vergoossen),]
the second reception interface comprising a plurality of reception antennas and configured to receive the A/V data from the second transmission interface, [Robinson – Figs. 1-2, 6; 0018-21, 0024, 0028: television interface 212 for outputting a video signal to display; Pai – Figs. 1-4; 0022-24, 0030-33: where wireless implementations may include one or more transmitters/receivers/antenna. See also MPEP 2144.04(VI)(B); Finnegan – Fig. 7; 0008, 0042, 0046-47, 0065-68: transceiver 707/757 (i.e., second reception/transmission interfaces) are activated and turned on as a primary communication channel for transmission of source data] and
a microcomputer configured to turn on a screen of a display and activate the second reception interface according to the power-on signal received from the first transmission interface. [Robinson – Figs. 1-2, 6; 0019-22, 0041, 0050-51: viewer status engine 110 may send power down/up commands to respective connected devices; Pai – Figs. 1-4; 0032, 0039-40, 0043: processing component for commanding display into sleep/powered down state, and/or activated out of sleep/powered down state. See also MPEP 2144.04(VI)(B); Vergoossen – 0040-48, 0093: upon receiving wake-up signal (such as the power on signal of Robinson and Pai), both sink and source devices are instructed to turn on the communications channel for transmission of video data; Finnegan – Fig. 7; 0008, 0042, 0046-47, 0065-68: transceiver 707/757 (i.e., second reception/transmission interfaces) are activated and turned on as a primary communication channel for transmission of source data]
Regarding Claim 11, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 10 which are analyzed as previously discussed with respect to that claim.
Furthermore, Robinson, Pai, Vergoossen, and Finnegan disclose wherein the A/V transmitting device includes:
the first transmission interface configured to receive the sensing data from the first reception interface, [Robinson – Figs. 1-2, 6; 0018-21, 0024, 0028, 0052: receiver 102 and display 104 may be operative across one or more two-way communication links for providing data wireless through any type of communication channels; Pai – Figs. 1-4; 0022-24, 0030-33: where wireless implementations may include one or more transmitters/receivers/antenna. See also MPEP 2144.04(VI)(B)]
the second transmission interface comprising a plurality of transmission antennas and configured to transmit the A/V data, [Robinson – Figs. 1-2, 6; 0018-21, 0024, 0028: television interface 212 for outputting a video signal to display; Pai – Figs. 1-4; 0022-24, 0030-33: where wireless implementations may include one or more transmitters/receivers/antenna; Vergoossen – 0040-48, 0093: upon receiving wake-up signal, both sink and source devices are instructed to turn on the communications channel for transmission of video data; Finnegan – Fig. 7; 0008, 0042, 0046-47, 0065-68] and
a processor configured to determine whether the user’s motion has occurred based on the sensing data, [Robinson – Figs. 1-2, 6; 0019-22, 0041, 0050-51: viewer status engine 110 may send power down/up commands to respective connected devices; Pai – Figs. 1-4; 0032, 0039-40, 0043: processing component for commanding display into sleep/powered down state, and/or activated out of sleep/powered down state based on motion data; Vergoossen – 0040-48, 0093]
wherein the processor is further configured to generate the power-on signal when it is determined that the user's motion has occurred. [Robinson – Figs. 1-2, 6; 0019-22, 0041, 0050-51: viewer status engine 110 may send power down/up commands to respective connected devices; Pai – Figs. 1-4; 0032, 0039-40, 0043: processing component for commanding display into sleep/powered down state, and/or activated out of sleep/powered down state. See also MPEP 2144.04(VI)(B); Vergoossen – 0040-48, 0093]
Regarding Claim 12, Claim 12 recites a method that recites the functionality of the system of Claim 1. As such, Claim 12 is analyzed and rejected similarly as Claim 1, mutatis mutandis.
Regarding Claim 13, Robinson and Pai disclose all of the limitations of Claim 12 which are analyzed as previously discussed with respect to that claim.
Furthermore, Claim 13 recites nearly identical limitations as Claim 2 and is rejected similarly as that claim.
Regarding Claim 14, Robinson and Pai disclose all of the limitations of Claim 13 which are analyzed as previously discussed with respect to that claim.
Furthermore, Claim 14 recites nearly identical limitations as Claim 3 and is rejected similarly as that claim.
Regarding Claim 16, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 3 which are analyzed as previously discussed with respect to that claim.
Furthermore, Robinson, Pai, Vergoossen, and Finnegan disclose wherein the A/V transmitting device is further configured to synchronize the power of the second transmission interface and the second reception interface based on a user's motion. [Robinson – Figs. 1-4: 0039-42: status data is analyzed to determine if a viewer is absent and/or present in the viewing environment, including if the viewer has left and subsequently if a viewer has returned to the viewing environment; Pai – Figs. 1-2, 5; 0016, 0032, 0036-0038, 0047-49: system monitors if motion was detected (step 506), and if so, may determine if display 321 is active or not, and if not, may generate a control to activate the television display; Vergoossen – ABST; 0019, 0047: based on power on signal, power states between sink and source devices (reception and transmission interfaces, respectively) are synchronized; Finnegan – Fig. 7; 0008, 0042, 0046-47, 0065-68]
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson, Pai, Vergoossen, and Finnegan as applied to Claim 6 above, and further in view of Shao et al. (US 2012/0002103 A1) (of record, hereinafter Shao).
Regarding Claim 7, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 6 which are analyzed as previously discussed with respect to that claim.
Furthermore, Robinson, Pai, and Finnegan disclose wherein the first transmission interface and the first reception interface communicate using the low-frequency band of 2.4 GHz, [Finnegan – Fig. 7; 0008, 0040-46, 0049, 0052, 0066: where secondary monitoring interface may comprise a low-power wireless modality such as BLE (where BLE functions on 2.4GHz frequency band)] and
the second transmission interface and the second reception interface communicate using the high-frequency bandwidth. [Robinson – 0020, 0024, 0029, 0062: where any variety of network interfaces may be used to communicate between devices; Pai – 0019, 0023, 033, 0072; Finnegan – 0008, 0040-46, 0049, 0052, 0065-66: higher power/capacity/bandwidth channel may be WiFi or WiMax, etc. – where WiFi may operate at 5GHz and WiMax may operate up to the 11GHz band. See MPEP 2144.01]
Robinson, Pai, Vergoossen, and Finnegan fail to explicitly disclose the second transmission interface and the second reception interface communicate using a frequency band of 60 GHz. (Emphasis on the particular elements of the limitations not explicitly disclosed by Robinson, Pai, Vergoossen, and Finnegan).
Shao, in analogous art, teaches the second transmission interface and the second reception interface communicate using a frequency band of 60 GHz.
[0020: wherein wireless communications between devices for video transmission may utilize any various standards including WiFi radio (e.g., 2.4Ghz band) and/or mmW radio (e.g., 60 GHz band)]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Robinson, Pai, Vergoossen, and Finnegan with the teachings of Shao to specify use of a 60GHz frequency band as it is understood that mmW radio bands are a known wireless standard/protocol that may be used to wirelessly communicate video transmissions. [Shao – 0020]
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson, Pai, Vergoossen, and Finnegan as applied to claim 1 above, and further in view of Kyung et al. (US 2013/0235364 A1) (of record, hereinafter Kyung)
Regarding Claim 8, Robinson, Pai, Vergoossen, and Finnegan disclose all of the limitations of Claim 1 which are analyzed as previously discussed with respect to that claim.
Robinson, Pai, Vergoossen, and Finnegan fail to explicitly disclose wherein the A/V receiving device further includes a Time of Flight (ToF) sensor configured to: measure distance data between the user and the A/V receiving device, and obtain the measured distance data as the sensing data.
Kyung, in analogous art, teaches wherein the A/V receiving device further includes a Time of Flight (ToF) sensor configured to: measure distance data between the user and the A/V receiving device, and obtain the measured distance data as the sensing data. [0004-5, 0039-42: Time of Flight sensors may measure distances to objected detected and if a change in distance is detected over time, determines that an object has moved in that scene]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Robinson, Pai, Vergoossen, and Finnegan with the teachings of Kyung to specify use of a ToF sensor configured to measure distance data as ToF sensors are known type of sensor for detecting motion within a sensing field. [Kyung – ABST; 0002-5]
Regarding Claim 9 , Robinson, Pai, Vergoossen, Finnegan, and Kyung disclose all of the limitations of Claim 8 which are analyzed as previously discussed with respect to that claim.
Furthermore, Kyung discloses wherein the A/V transmitting device is further configured to: compare a first distance included in first distance data received at a first time point with a second distance included in second distance data received at a second time point following the first time point, and when a difference between the first distance and the second distance is more than a preset difference, determine that the user's motion has occurred. [Kyung – 0004-5, 0039-42: Time of Flight sensors may measure distances to objected detected and if a change in distance is detected over time, determines that an object has moved in that scene]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM J KIM whose telephone number is (571)272-2767. The examiner can normally be reached 9:30am - 5:30pm.
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/WILLIAM J KIM/Primary Examiner, Art Unit 2409