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 .
DETAILED ACTION
1. This action is responsive to applicant’s amendment dated 6/15/2026.
2. Claims 1-10 are pending in the case.
3. Claims 1 and 10 are independent claims.
Applicant’s Response
4. In Applicant’s response dated 6/15/2026, applicant has amended the following:
a) Claims 1,2,4 and 10
b) Title of Specification
Based on Applicant’s amendments and remarks, the following objection previously set forth in Office Action dated 3/16/2026 is withdrawn:
Objection to Specification
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. §101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1
Claims 1-9 are directed towards an apparatus (i.e., machine) generating a final skin theme to display.
Claim 10 is a method claim (i.e., process) for generating a final skin theme to display.
Therefore, claims 1-10 recite one of the enumerated statutory categories of eligible subject matter in 35 U.S.C. §101.
Step 2A Prong 1
If a claim limitation, under its broadest reasonable interpretation, covers concepts performed in the human mind (including an observation, evaluation, judgment, opinion), then it falls within the "mental process" grouping of abstract ideas. The independent claims recite machine and method for generating a first skin theme, second skin theme and final theme skin.
These limitations, under their broadest reasonable interpretations, cover the performance of the limitations in the human mind, or by a human using a pen and paper. Therefore, these limitations are grouped within the "mental process" grouping (including an observation, evaluation, judgement, opinion) of abstract ideas. (see MPEP 2016.04(a)(2)(iii)). Accordingly, the independent claims recite an abstract idea.
Step 2A- Prong 2
The independent claims recite the combination of additional elements of 1) multimedia device 2) display 3) sensor 4) controller 5) memory
The independent claims merely use computer elements as tools to perform abstract ideas and generally link the use of a judicial exception to a particular technological environment. The use of the computer elements as tools to implement the abstract idea and generally to link the use of the abstract idea to a particular technological environment does not render the claim patent eligible because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The 1) multimedia device 2) display 3) sensor 4) controller 5) memory are recited at a high-level of generality such that it amounts no more than mere generic computer component limitations to apply the exception using a generic computer component or amounts to merely invoking a computer as a tool to perform the abstract idea.
Specifically, the computer elements may be any number of hardware architectures including processors, user devices, storage devices, and sensors and function to perform data storage, processing and detecting (see specification paras. 53-56, par. 78, par. 94, Figure 1).
Integration into a practical application requires an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception.
As explained above, the additional elements do not impose any meaningful limits on practicing the abstract idea and the additional limitations are not indicative of materializing into a practical application. Accordingly, the claims are directed to an abstract idea.
Step 2B
The independent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using computer elements such as 1) multimedia device 2) display 3) sensor 4) controller 5) memory to perform the noted steps amounts to no more than mere instructions to apply the exception using generic computer components. Generic computer elements recited as performing generic computer functions that are well- understood, routine, or conventional activities amount to no more than implementing the abstract idea with a computerized system. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept ("significantly more").
Therefore, the additional elements in the independent claims do not amount to significantly more than a judicial exception. Furthermore, there is no indication that the additional limitations alone or in combination improve the functioning of a computer or any other technology, improves another technology or technical field, or effects a transformation or reduction of a particular article to a different state or thing. Therefore, the claims are not patent eligible.
Remaining claims
Claims 2-9 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination.
The dependent claims add additional features including those that merely serve to further narrow the abstract idea above including: receiving model information as insignificant receiving data (2), sensor for detecting data (8), controller for executing a skin system customized block function (3), user interface for receiving data (7), are recited at a high level in the claims and in the spec and only amount to using a computer to aid in the mental process, especially as they are well known in the art (see MPEP 2106.05(f) section (2)). Applicant's inventive concept is using the computer as a tool to help a user generate a theme skin (see spec [0002, 0009]). So the improvement seems to improve the abstract idea verses an improvement in a technology or technological process. The improvement cannot come from abstract ideas. See MPEP 2106.05(a).
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.
The factual inquiries 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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Healey et al. (hereinafter “Healey”), U.S. Published Application No. 20140207338 A1 in view of Hanon et al. (hereinafter “Hanon”), U.S. Published Application No. 20130176209 A1.
Claim 1:
Healey teaches A multimedia device comprising:
a display; (e.g., display or projector device par. 13; As illustrated, the operational environment 100 includes a vehicle 104 that has a group of customization components 110.sub.1-110.sub.11 and an in-vehicle infotainment (IVI) system 120 par. 13; a customization component can be embodied in or can comprise a surface onto which content can be rendered (e.g. projected) via another customization component (e.g., an audiovisual projector, or a display unit) par. 14; an audiovisual projector and/or a display unit (such as a vehicle dashboard, a navigation system display, or any other terminal display within the vehicle 104, or a combination of the foregoing).)
a sensor configured to detect surrounding environment information around the multimedia device; (e.g., customizing vehicle based on sensor or cameras that detect surrounding environment information abstract; Customization can be accomplished via configuration of one or more customization components comprising sensors, rendering units, lighting fixtures, or control components. Par. 13; It should be appreciated that, in one aspect, customization of the vehicle in response to certain information received from an internal or external source (e.g., a sensor, a device, a network node, or the like) can permit dynamic customization of the vehicle 104. Par. 13; Moreover or as another alternative, a customization criterion can contemplate presence of a specific occupant or combination of occupants within the vehicle 104. par. 14; In still another aspect, a sensor can be embodied in or can comprise a sonar sensor or a camera (such as a driver-facing camera, a front-facing camera, a rear-view camera, or a blind-spot camera). Par. 17; In certain scenarios, information that is acquired from an internal source (e.g., at least one sensor) can be transmitted, )
a controller; (e.g., processor par. 13; execution of the one or more customization instructions by a customization component or a processor therein or functionally coupled thereto, can permit customization of the vehicle. par. 35; programmable logic controllers)
and a memory storing instructions thereon, which when executed by the controller, cause the controller to: (e.g., memory 630 for storing par. 36; permit exchange of information (data, metadata, and/or signaling) between the processor(s) 612, the I/O interface(s) 616, and/or the memory 630, or respective functional element therein.)
generate a second skin theme corresponding to the surrounding environment information sensed in real time by the sensor; (e.g., changing to a second skin theme based on detected environment information sensed by a sensor par. 11; Customization of the vehicle in accordance with a customization theme can leverage customization information from a variety of sources, which can be internal to the vehicle, external to the vehicle, or both Par. 13; It should be appreciated that, in one aspect, customization of the vehicle in response to certain information received from an internal or external source (e.g., a sensor, a device, a network node, or the like) can permit dynamic customization of the vehicle 104. Par. 13; Moreover or as another alternative, a customization criterion can contemplate presence of a specific occupant or combination of occupants within the vehicle 104.)
generate a final skin by combining the first skin theme and the second skin theme such that the second skin theme is applied with a higher priority than the first skin theme; and display, via the display, the final skin. (e.g., generating a first skin theme and mixing or combining with user or occupant theme preferences representing a second theme and applying user preferences to a first skin theme to display a final skin theme that combines the first skin theme with the theme changes as selected by the user. In other words, Examiner considers the occupant preferences (e.g., theme changes set by a user) as the higher priority “second skin theme” that is mixed or combine with the original first theme to establish a final customized combined version of the original theme and the user theme changes. par. 10; Specific occupant preferences and/or selections can be contemplated in order to establish a customization theme. Par. 11; The disclosed customization of the vehicle can permit adjustment of appearance and/or feel in order to permit custom content, services, and/or preferential data display based at least on available context, sensor, and cloud data in accordance with a customization theme. Par. 28; a vehicle can be re-customized without or substantially without implementing changes to an extant arrangement of physical customization artifacts that are generally present in the vehicle. Par. 32; the customization can be responsive to vehicular context information (e.g., vehicle situation and/or occupant state), occupant condition, occupant preference )
Healey fails to expressly teach determine whether device model information is stored in the memory;
generate a first skin theme corresponding to the device model information based on the determination of whether the device model information is stored in the memory;
However, Hanon teaches determine whether device model information is stored in the memory; (e.g., integration system determining stored model information from onboard computer par. 11; In some embodiments, the integration system 100 may identify its environment 150. For example, if the environment 150 is a vehicle, the integration system 100 may detect the brand and/or model and/or trim of the vehicle from the vehicle's onboard computer.)
generate a first skin theme corresponding to the device model information based on the determination of whether the device model information is stored in the memory; (e.g., integration communicating with database to determine customization for environment of a vehicle based on model/brand information from onboard computer par. 11; The integration system 100 may communicate with a local or remote database 180 to receive instructions related to how the environment should look and feel. Par. 12; The database 180 may provide fonts, colors, graphical assets, pictures, layout information, color depth, auditory information, tactile information, or other data related to customization.)
In the analogous art of customizing a vehicle, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the memory as taught by Healey to include model information for determinizing the theme of the vehicle as taught by Hanon, with a reasonable expectation of success, to provide the benefit of efficiently customizing a vehicle as desired by a user (see Hanon; par. 4, par. 5)
Claim 2 depends on claim 1:
Healey teaches wherein execution of the stored instructions further cause the controller to: receive the device model information and a third skin theme corresponding thereto via a network interface based on a determination that the device model information is not stored in the memory, wherein the displayed first skin theme corresponds to the received third skin theme. (e.g., receiving additional theme customizations from external sources via wireless network interface par. 11; Customization of the vehicle in accordance with a customization theme can leverage customization information from a variety of sources, which can be internal to the vehicle, external to the vehicle, or both. Par. 13; customization of the vehicle in response to certain information received from an internal or external source (e.g., a sensor, a device, a network node, or the like) can permit dynamic customization of the vehicle 104. Par. 15; Furthermore or as yet another alternative, the IVI system 120 can be functionally coupled to a wireless network 160 via wireless link(s) 164. Par. 37; The I/O interface(s) 616 permit communication of information between the computing device 610 and an external device. As an example, the external device can be embodied in or can comprise a sensor of the sensor(s) 208. )
Claim 3 depends on claim 1:
Healey/Hanon teaches wherein execution of the instructions further cause the controller to execute a skin system, wherein the skin system includes:
an UI component block configured to construct a screen; (e.g., displaying content (i.e., constructed screen) Healey; par. 13; In addition or in the alternative, a customization component can be embodied in or can comprise a surface onto which content can be rendered (e.g. projected) via another customization component (e.g., an audiovisual projector, or a display unit).)
a logic block configured to control user event flow; (e.g., authoring a theme based on input from user (i.e., user event flow) Healey; par. 10; Customization themes can comprise, for example, personal themes or corporate themes), wherein personal themes can be authored--e.g., designed, generated, or designed and generated--by an occupant of a vehicle or a third-party, and corporate themes can be authored by a specific organization (e.g., a trucking company, a logistics company, etc.). par. 18; Accordingly, in one aspect, the scope of the customization theme can be unconstrained and can comprise any information (e.g. content) devised by an author (e.g., an occupant of a car, a vendor, an organization, or the like) of the customization theme.)
and a customize block, wherein the customize block is configured to allow a user to define at least one of a font, a color, a layout, or a shape of a skin theme. (e.g., configuring a color for a customized theme Healey; par. 23; In one aspect, a feature of the customization theme can permit composition and implementation of the customization theme. The feature can comprise one or more of an image, a video segment, an audio segment (such as sound), a video stream, a type of communication, a location, an illumination level and/or a color, specific functionality, or the like.)
(e.g., configuring font, layout, color depth for a customized theme Hanon; par. 12; For example, and not limitation, various software interfaces of various products 50 in the environment may be configured with a similar color scheme and layout. The database 180 may provide fonts, colors, graphical assets, pictures, layout information, color depth, auditory information, tactile information, or other data related to customization.)
Claim 4 depends on claim 1:
Healey teaches wherein execution of the stored instructions further cause the controller to: change to displaying an exceptional situation skin theme based on a specific event detected by the sensor. (e.g., displaying a customized theme based on a specific criteria that may be detected by a sensor par. 10; In addition or in the alternative, the customization can be based at least on vehicular context (such as time of day, day of week, special occasion, or the like) of the occupants and the vehicle. In certain implementations, a specific customization can be effected in response to a change in the vehicular context of the vehicle. Par. 14; In addition, the group of customization components 110.sub.1-110.sub.11 can include at least one rendering component; at least one control component (e.g., one or more electronic control units); at least one lighting component; and/or at least one sensor. Par. 31; Implementation of the customization can utilize or otherwise leverage the capability of a customization platform (e.g., platform 224) to detect time, data, and/or a tagged location (e.g., workplace location) to initiate customization according to the theme. par. 65; In one aspect, a criterion for vehicular customization criterion can comprise one or more of occurrences of a specific event (e.g., a sports team victory, a job promotion, a birthday, and the like), specific instants (e.g., such as time of day, time of week, and the like), presence of a specific occupant (owner, child of owner, sibling of owner, etc.) or combination of occupants (mother and child, husband and wife, child and parent) within the vehicle 104.)
Claim 5 depends on claim 4:
Healey teaches wherein at least some options of the exceptional situation skin theme are not changed according to a user command. (e.g., changes to customized theme based on occurrence of specific events Par. 31; Implementation of the customization can utilize or otherwise leverage the capability of a customization platform (e.g., platform 224) to detect time, data, and/or a tagged location (e.g., workplace location) to initiate customization according to the theme. par. 65; In one aspect, a criterion for vehicular customization criterion can comprise one or more of occurrences of a specific event (e.g., a sports team victory, a job promotion, a birthday, and the like), specific instants (e.g., such as time of day, time of week, and the like), presence of a specific occupant (owner, child of owner, sibling of owner, etc.) or combination of occupants (mother and child, husband and wife, child and parent) within the vehicle 104.)
Claim 6 depends on claim 4:
Healey teaches wherein the at least some options of the exceptional situation skin theme are determined based on a type of sensor or a type of combination of sensors related to the specific event. (e.g., changes to customized theme based on occurrence of specific events or specific instants that are detected by varying type of sensors Par. 31; Implementation of the customization can utilize or otherwise leverage the capability of a customization platform (e.g., platform 224) to detect time, data, and/or a tagged location (e.g., workplace location) to initiate customization according to the theme. par. 65; In one aspect, a criterion for vehicular customization criterion can comprise one or more of occurrences of a specific event (e.g., a sports team victory, a job promotion, a birthday, and the like), specific instants (e.g., such as time of day, time of week, and the like), presence of a specific occupant (owner, child of owner, sibling of owner, etc.) or combination of occupants (mother and child, husband and wife, child and parent) within the vehicle 104.)
Claim 7 depends on claim 1:
Healey fails to expressly teach further comprising a user interface for receiving a user command, wherein at least one option of the first skin theme is changed based on the user command received via the user interface.
However, Hanon teaches further comprising a user interface for receiving a user command, wherein at least one option of the first skin theme is changed based on the user command received via the user interface. (e.g., further tuning a customized themed user interface from manufacturer based on input commands from user par. 21; One or more of the product interfaces, particularly those integrated into the environment 150, may need to be tuned to achieve the designer's desired result. The voice recognition may need to be developed to understand the user. Par. 22; A display configured to provide visual output may need to be designed and tuned for color depth, brightness, contrast, or viewing angle.)
In the analogous art of customizing a vehicle, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the theme customizations for a vehicle as taught by Healey to further include tuning design inputs by a user as taught by Hanon, with a reasonable expectation of success, to provide the benefit of efficiently customizing a vehicle as desired by a user (see Hanon; par. 4, par. 5)
Claim 8 depends on claim 1:
Healey teaches wherein the surrounding environment information includes at least one of brightness, a color value, an interior material, an interior, a temperature value, weather information, position information, or time information. (e.g., surrounding environment information includes vehicular context such as time information par. 10; In addition or in the alternative, the customization can be based at least on vehicular context (such as time of day, day of week, special occasion, or the like) of the occupants and the vehicle.)
Claim 9 depends on claim 1:
Healey teaches wherein the sensor further includes an external object sensor and an internal object sensor, (e.g., internal or external sensor permit dynamic customization of vehicle par. 11; Customization of the vehicle in accordance with a customization theme can leverage customization information from a variety of sources, which can be internal to the vehicle, external to the vehicle, or both. Par. 13; customization of the vehicle in response to certain information received from an internal or external source (e.g., a sensor, a device, a network node, or the like) can permit dynamic customization of the vehicle 104.)
wherein the external object sensor and the internal object sensor are each controlled based on a type of the multimedia device. (e.g., external or external sensor controlled based on in-vehicle infotainment (IVI) system par. 10; the customization can be accomplished via customization themes that can integrate with an in-vehicle infotainment (IVI) system and/or one or more customization components, such as in-cabin lighting fixtures, projection devices or other rendering units, information streams, or the like. par. 11; Customization of the vehicle in accordance with a customization theme can leverage customization information from a variety of sources, which can be internal to the vehicle, external to the vehicle, or both. par. 14; As illustrated in FIG. 2, in certain scenarios, the group of customization components 110.sub.1-110.sub.11 can be referred to as customization component(s) 210, which can include one or more rendering components 202, one or more control components 204, one or more lighting components 206, and one or more sensor(s) 208. The customization component(s) 210 can be functionally coupled to the IVI system 120 via one or more links 218 that can comprise wireless link(s), wireline link(s), or any combination thereof.))
Claim 10 depends on claim 1:
Claim 10 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 10.
Response to Arguments
Applicant's arguments filed 6/15/2026 have been fully considered but they are not persuasive.
Prior Art Rejections
Applicant argues that Healey at most teaches changing from one displayed theme to another in response to a sensed environmental condition, i.e., replacing a displayed theme with a different theme. Healey does not disclose or suggest generating a first skin theme and a separate second skin theme and combining the two into a single final skin, particularly according to a priority wherein the second skin theme has a higher priority than the first. (see Response; page 7)
Examiner respectfully disagrees.
Applicant admits that Healey teaches replacing a theme with a different theme. Examiner submits this replacing includes partial replacing or mixing a current theme with a second theme. For example, when the first theme is a solid color red and then replaced with a mixed color theme red and blue, the result is mixing or combining different themes into a single final theme. Examiner considers any theme preferences made by the user as the recited “higher priority” because the preferences may partially customize over parts of the original theme which illustrates prioritizing (i.e., new theme customize selections taking precedence over original theme colors). Therefore, mixing theme preferences of a user with original themes as taught by Healey teaches or suggests generating a first skin theme and a separate second skin theme and combining the two into a single final skin, particularly according to a priority wherein the second skin theme has a higher priority than the first.
For at least the foregoing reasons, Examiner maintains prior art rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20070022384 A1 Abbott et al.
Abbott teaches generate a final skin by combining the first skin theme and the second skin theme such that the second skin theme is applied with a higher priority than the first skin theme; and display, via the display, the final skin. (e.g., various themes may contain information to facilitate the selection, such as a priority.) Par. 152; The selection of a current theme from multiple matching themes in the current theme set can be performed in a variety of ways. At a conceptual level, the user will typically desire to receive the information and functionality for whatever theme the user subjectively considers to be the most important at that time (e.g., the primary focus of their attention or interest, or the most theme conveying the most urgent or critical information), and thus it is preferable to select that theme as the current theme. In some situations the various themes may contain information to facilitate the selection, such as a priority. If so, the highest priority theme in the current theme set could be selected as the current theme. In other situations, user-specific information could be used to select the current theme, such as by using user-specific preference information (e.g., that is predefined by the user) or by allowing the user to explicitly select one of the themes in the current theme set (or to override the current theme set and select a theme that does not match the current modeled context).
US 20130044129 A1 Latta et al. (already on record in PTO-892 dated 3/16/2026)
Latta teaches generate a final skin by combining the first skin theme and the second skin theme such that the second skin theme is applied with a higher priority than the first skin theme; and display, via the display, the final skin. (e.g., generating a first skin theme and combining with user settings representing theme changes (i.e., second skin theme) and applying user settings (e.g., identification information on the theme) to a first skin theme to display a final skin theme that combines the first skin theme with the theme changes as defined by user Examiner considers the user setting identifying users (e.g., theme changes set by a user) as the higher priority second skin theme that is combine with the original first theme with no user settings applied par. 126; The display device system 8 downloads a copy of a client or device skin application in step 612 and generates in step 614 user identification credentials. In step 616, the client skin application 456.sub.1 outputs data, for example a menu, requesting user settings. The user settings may indicate settings for all skins received or sent, or the user may request to input settings for each individual skin. The user settings identify who may see user data transferred for incorporation into a location based skin by a skin application 456 executing on a computer system 12 associated with a location. For example, video data of the user dancing at "Le Club" may have a setting identifying users only on the friends list of the user, or even a group or level within the friends list. The user may also identify users by specific selection, e.g. selection from a contact list or text entry of the name. Some examples of default user settings may be all for skins received, and pubic for skins sent meaning available to everyone using a see-through, mixed reality display device system 8 in a location.)
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY ORR whose telephone number is (571)270-1308. The examiner can normally be reached 9AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Queler can be reached at (571)272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY ORR/Primary Examiner, Art Unit 2172
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