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 .
This action is in response to the Amendment filed on 5/14/2026.
Claims 1-21 are pending. Claim 21 is newly added.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9, 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 55-60, 64, 62-63, 26, 30-31, 64, 1, 5, 10, 47, 51, 10 of app 17/551,997 (now is US patent US 12,005,195 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim the same subject matters and limitations as explained below.
Claims 1 are determined to be obvious in light of claim 55 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 1
17/551,997 claim 55
A method comprising:
determining, based on historical data of a device, a sleep period associated with a user of the device;
adjusting, based on an amount of time remaining until the sleep period,
55. A method comprising:
determining, based on historical deactivations of a device, a predicted deactivation time of the device;
adjusting, based on an amount of time remaining until the predicted deactivation time,
and based on an end time of a video program being output by the device,
at least one color value of one or more pixels of the video program;
wherein the adjusting is delayed based on the end time of the video program being scheduled to occur during the sleep period;
and adjusting one or more color values of additional pixels of the video program as the end time approaches.
at least one color value of one or more pixels of the device;
and adjusting one or more color values of additional pixels of the device as the predicted deactivation time approaches.
Although the claims at issue are not identical, they are not patentably distinct from each other. Claim 1 of the instant application and Claim 55 of the parent case 17/551,997 (now U.S. Patent 12,005,195 B2) disclose substantially the same operative steps, but the instant (child) claim has broader scope by reciting "historical data" and "sleep period" in place of the narrower "historical deactivations" and "predicted deactivation time" recited in the parent — a predicted device-deactivation time directly reads on the beginning of a user's sleep period, so the parent's species-level terms are fully encompassed by the instant claim's genus-level terms. Although the instant Claim 1 additionally recites "based on an end time of a video program being output by the device" and "wherein the adjusting is delayed based on the end time . . . being scheduled to occur during the sleep period," those additional limitations are a routine context-specific refinement of the parent's already-claimed time-based color adjustment and would have been obvious to a POSITA.
Claims 2 are determined to be obvious in light of claim 56 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 2
17/551,997 claim 56
2. The method of claim 1, further comprising: adjusting, based on the amount of time, and the end time, an output a sound level of a video program.
56. The method of claim 55, further comprising: adjusting, based on the amount of time, a sound level of a content item.
Claims 3 are determined to be obvious in light of claim 57 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 3
17/551,997 claim 57
3. The method of claim 1, further comprising: adjusting, based on the amount of time and the end time, at least one of an intensity or a brightness of a video program.
57. The method of claim 55, further comprising: adjusting, based on the amount of time, at least one of an intensity or a brightness of a content item.
Claims 4 are determined to be obvious in light of claim 58 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 4
17/551,997 claim 58
4. The method of claim 1, wherein the historical data of the device comprises information indicating when a display screen of the device changed from an ON state to an OFF state; andthe sleep period is associated with an expected future change of the display screen from the ON state to the OFF state.
58. The method of claim 55, wherein the historical deactivations of the device comprise information indicating when a display screen of the device changed from an ON state to an OFF state; and the predicted deactivation time is associated with an expected future change of the display screen from the ON state to the OFF state.
Claims 5 are determined to be obvious in light of claim 59 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 5
17/551,997 claim 59
5. The method of claim 1, wherein the adjusting the at least one color value of the one or more pixels comprises: increasing, in a linear manner as the end time approaches, a red color value of each of the one or more pixels; and decreasing, in a linear manner as the end time approaches, , a blue color value of each of the one or more pixels.
59. The method of claim 55, wherein the adjusting the at least one color value comprises: increasing, in a linear manner as the amount of time decreases, a red color value of each of the one or more pixels; and decreasing, in a linear manner as the amount of time decreases, a blue color value of each of the one or more pixels.
Claims 6 are determined to be obvious in light of claim 60 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 6
17/551,997 claim 60
6. The method of claim 1, wherein the determining the sleep period is based on a security system event, and the adjusting the at least one color value of the one or more pixels comprises: determining, based on the end time, at least one color shift value of the at least one color value of the one or more pixels; and applying the at least one color shift value to the at least one color value of the one or more pixels for output by the one or more pixels.
60. The method of claim 55, wherein the determining the predicted deactivation time is based on a security system event, and the adjusting the at least one color value comprises: determining, based on the amount of time, at least one color shift value of the at least one color value of the one or more pixels; and applying the at least one color shift value to the at least one color value for output by the one or more pixels.
Claims 7 are determined to be obvious in light of claim 64 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 7
17/551,997 claim 64
7. The method of claim 1,
wherein the adjusting the one or more color values of additional pixels comprises spreading a redshift to one or more pixels of a display based on the end time
64. The method of claim 55, wherein the adjusting the one or more color values of additional pixels comprises spreading a redshift to one or more pixels of a display based on an amount remaining in a scheduled video content item.
Claims 8 are determined to be obvious in light of claim 62 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 8
17/551,997 claim 62
8. The method of claim 1, wherein the adjusting the at least one color value of the one or more pixels further comprises: receiving, for the one or more pixels, data indicating a plurality of color values to be output by the one or more pixels for display of the video program; determining, based on the end time, a color shift value of a color value of the at least one color value of the one or more pixels; and applying the color shift value to the color value for output by the one or more pixels.
62. The method of claim 55, wherein the adjusting at least one color value further comprises: receiving, for the one or more pixels, data indicating a plurality of color values to be output by the one or more pixels for display of a content item; determining, based on the amount of time, a color shift value of a color value of the at least one color value of the one or more pixels; and applying the color shift value to the color value for output by the one or more pixels.
Claims 9 are determined to be obvious in light of claim 63 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 9
17/551,997 claim 63
9. The method of claim 1,
wherein the adjusting the
one or more color values of additional pixels as the end time approaches comprises:
progressively adjusting color values for groups of the additional pixels corresponding to concentric regions of a display, such that color values of the groups of additional pixels in an outermost region are adjusted first, and as the end time further approaches, color values of the groups of additional pixels in one or more inner regions are successively adjusted.
63. The method of claim 55, wherein the adjusting the at least one color value comprises increasing a red color of a scheduled video program based on an amount of time remaining in the scheduled video program.
Although the claims at issue are not identical, they are not patentably distinct from each other. Both the instant Claim 9 and the parent Claim 63 recite progressively adjusting pixel color values as the time remaining in a video program decreases. The parent claim recites this as a species (increasing a red color based on remaining time), and the instant claim recites this as a broader genus (progressive adjustment as the end time approaches) with an additional spatial detail (concentric, outermost-to-inner regions). That added spatial-organization detail is a routine design choice that would have been obvious from the parent's progressive time-based red-color increase, which naturally contemplates progressive application across pixel regions of the display.
Claims 11 are determined to be obvious in light of claim 26 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 11
17/551,997 claim 26
11. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: determine, based on historical data of a device, a sleep period associated with a user of the device;
adjust, based on an amount of time remaining until the sleep period,
and based on an end time of a video program being output by the device,
at least one color value of one or more pixels of the video program;
wherein the adjusting
is delayed based on the end time of the video program being scheduled to occur during the sleep period;
and adjust one or more color values of additional pixels of the video program as the sleep schedule approaches.
26. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: determine, based on historical deactivations of a device, a predicted deactivation time of the device;
adjust, based on an amount of time remaining until the predicted deactivation time,
at least one color value of one or more pixels of the device; and adjust one or more color values of additional pixels of the device as the predicted deactivation time approaches.
Although the claims at issue are not identical, they are not patentably distinct from each other. The instant Claim 11 and the parent Claim 26 recite the same apparatus configuration (one or more processors and memory storing instructions) carrying out substantially the same operative steps as the corresponding method pair (instant Claim 1 / parent Claim 55) above. The instant (child) claim has broader scope by reciting "historical data" and "sleep period" in place of the narrower "historical deactivations" and "predicted deactivation time" of the parent — the parent's species-level terms are fully encompassed by the instant claim. The additional limitations in the instant claim regarding video-program end time and delayed adjustment are a routine context-specific refinement obvious to a POSITA
Claims 12 are determined to be obvious in light of claim 30 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 12
17/551,997 claim 30
12. The apparatus of claim 11, wherein the instructions, when executed by the one or more processors, cause the apparatus to: increase, in a linear manner as the end time approaches, a red color value of each of the one or more pixels; and decrease, in a linear manner as the end time approaches, , a blue color value of each of the one or more pixels.
30. The apparatus of claim 30, wherein the instructions, when executed by the one or more processors, cause the apparatus to: increase, in a linear manner as the amount of time decreases, a red color value of each of the one or more pixels; and decrease, in a linear manner as the amount of time decreases, a blue color value of each of the one or more pixels.
Claims 13 are determined to be obvious in light of claim 31 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 13
17/551,997 claim 31
13. (New) The apparatus of claim 11, wherein the sleep period is determined based on a security system event, and the instructions, when executed by the one or more processors, cause the apparatus to: determine, based on the end time, at least one color shift value of the at least one color value of the one or more pixels; and apply the at least one color shift value to the at least one color value of the one or more pixels for output by the one or more pixels.
31. The apparatus of claim 26, wherein the predicted deactivation time is determined based on a security system event, and the instructions, when executed by the one or more processors, cause the apparatus to: determine, based on the amount of time, at least one color shift value of the at least one color value of the one or more pixels; and apply the at least one color shift value to the at least one color value for output by the one or more pixels.
Claims 14 are determined to be obvious in light of claim 64 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 14
17/551,997 claim 64
14. The apparatus of claim 11, wherein the instructions, when executed by the one or more processors, cause the apparatus to
adjust the one or more color values of additional pixels by spreading a redshift to one or more pixels of a display based on the end time.
64. The method of claim 55, wherein the
adjusting the one or more color values of additional pixels comprises spreading a redshift to one or more pixels of a display based on an amount remaining in a scheduled video content item.
Claims 15 are determined to be obvious in light of claim 1 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 15
17/551,997 claim 1
15. one or more non-transitory computer-readable medium storing instructions that, when executed, cause: determining, based on historical data of a device, a sleep period associated with a user of the device; adjusting, based on an amount of time remaining until the sleep period and based on an end time of a video program being output by the video program, at least one color value of one or more pixels of the video program;
wherein the adjusting is delayed based on the end time of the video program being scheduled to occur during the sleep period;
and adjusting one or more color values of additional pixels of the device as the end time approaches.
1. A non-transitory computer-readable medium storing instructions that, when executed, cause: determining, based on historical deactivations of a device, a predicted deactivation time of the device; adjusting, based on an amount of time remaining until the predicted deactivation time, at least one color value of one or more pixels of the device; and adjusting one or more color values of additional pixels of the device as the predicted deactivation time approaches.
Although the claims at issue are not identical, they are not patentably distinct from each other. The instant Claim 15 and the parent Claim 1 of 17/551,997 (now U.S. Patent 12,005,195 B2) both claim a non-transitory computer-readable medium causing substantially the same operative steps. The instant (child) claim has broader scope by reciting "historical data" and "sleep period" instead of the narrower "historical deactivations" and "predicted deactivation time" of the parent — a predicted device-deactivation time reads on the start of a user's sleep period, so the parent's species-level terms are fully encompassed by the instant claim. The additional video-program end-time and delayed-adjustment limitations in the instant claim are a routine context-specific refinement obvious to a POSITA in view of well-known display-and-video-management practices in the art.
Claims 16 are determined to be obvious in light of claim 5 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 16
17/551,997 claim 5
16. The one or more non-transitory computer-readable medium of claim 15, wherein the adjusting the at least one color value of the one or more pixels comprises: increasing, in a linear manner as the
end time approaches, a red color value of each of the one or more pixels; and decreasing, in a linear manner as the end time approaches, a blue color value of each of the one or more pixels.
5. The non-transitory computer-readable medium of claim 1, wherein the adjusting the at least one color value comprises:
increasing, in a linear manner as the amount of time decreases, a red color value of each of the one or more pixels; and decreasing, in a linear manner as the amount of time decreases, a blue color value of each of the one or more pixels.
Claims 17 are determined to be obvious in light of claim 10 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 17
17/551,997 claim 10
17. The one or more non-transitory computer-readable medium of claim 15, wherein the adjusting the one or more color values of additional pixels comprises spreading a redshift to one or more pixels of a display based on
10. The non-transitory computer-readable medium of claim 1, wherein the adjusting the one or more color values of additional pixels comprises spreading a redshift to one or more pixels of a display based on an amount remaining in a scheduled video content item.
Claims 18 are determined to be obvious in light of claim 47 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 18
17/551,997 claim 47
18. A system comprising: a display device; and a computing device, wherein the computing device comprises: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to: determine, based on historical data of the display device, a sleep period associated with a user of the display device;
adjust, based on an amount of time remaining until the sleep period,
and based on an end time of a video program being output by the display device, at least one color value of one or more pixels of the video program;
wherein the adjusting is delayed based on the end time of the video program being scheduled to occur during the sleep period
and adjust one or more color values of additional pixels of the video program as the end time approaches; and
the display device configured to display the at least one adjusted color value of one or more pixels of the display device.
47. A system comprising: a controller and a device, wherein the controller comprises: one or more first processors; and memory storing first instructions that, when executed by the one or more first processors, cause the controller to: determine, based on historical deactivations of a device, a predicted deactivation time of the device;
adjust, based on an amount of time remaining until the predicted deactivation time,
at least one color value of one or more pixels of the device; and adjust one or more color values of additional pixels of the device as the predicted deactivation time approaches, and
wherein the device comprises: one or more second processors; and memory storing second instructions that, when executed by the one or more second processors, cause the device to: provide information indicating the historical deactivations of the device.
Although the claims at issue are not identical, they are not patentably distinct from each other. The instant Claim 18 and the parent Claim 47 recite substantially the same system architecture (a controller/computing device in communication with a device having a display) executing substantially the same operative steps. The instant (child) claim has broader scope by reciting "historical data" and "sleep period" in place of the narrower "historical deactivations" and "predicted deactivation time" of the parent. Although the parent Claim 47 has additional limitations — namely "wherein the device comprises: one or more second processors; and memory storing second instructions . . . cause the device to: provide information indicating the historical deactivations of the device" — those additional limitations are fully anticipated by the instant Claim 18 based on the similarity between the two claims, because the instant claim's broader system architecture (a "computing device" obtaining historical data from "a device" with "a display") already encompasses this implementation.
Claims 19 are determined to be obvious in light of claim 51 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 19
17/551,997 claim 51
19. The system of claim 18, wherein the instructions, when executed by the one or more processors, cause the computing device to:
increase, in a linear manner as the end time approaches, a red color value of each of the one or more pixels; and decrease, in a linear manner as the end time approaches, a blue color value of each of the one or more pixels.
51. The system of claim 47, wherein the first instructions, when executed by the one or more first processors, cause the controller to:
increase, in a linear manner as the amount of time decreases, a red color value of each of the one or more pixels; and decrease, in a linear manner as the amount of time decreases, a blue color value of each of the one or more pixels.
Claims 20 are determined to be obvious in light of claim 10 of 17/551,997 (now is US patent US 12,005,195 B2) based on reasons below for having similar limitations.
Instant application claims 20
17/551,997 claim 10
20. The system of claim 18, wherein the instructions, when executed by the one or more processors, cause the computing device to
adjust the one or more color values of additional pixels by spreading a redshift to one or more pixels of the display device based on the end time.
10. The non-transitory computer-readable medium of claim 1, wherein the
adjusting the one or more color values of additional pixels comprises spreading a redshift to one or more pixels of a display based on an amount remaining in a scheduled video content item.
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.
Claim(s) 1, 2, 3, 8, 11, 15, 18, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herf et al.(US 10255880 B1, hereinafter Herf) in view of Xu et al. (US 20170269792 A1, hereinafter Xu), further in view of Dobrynewsk (US 20170017291 A1).
Regarding Claim 18, Herf teaches a system comprising (Herf, Fig. 4, Element 400, System):
a display device (Herf, Fig. 4, Element 440 Input/Output device); and a computing device ,wherein the computing device comprises: one or more processors; and memory storing instructions that, when executed by the one or more processors (Herf, Column 14, Line 3-7, “The system 400 includes a processor 410, a memory 420, a storage device 430, and an input/output device 440” “The processor 410 is capable of processing instructions for execution within the system 400”), cause the computing device to: determine, based on historical data of the display device (Herf,
Column 9, Line 64-67 – Column 10, Line 1-3, "light management application 214 may obtain data from user data database 216, such as data that indicate user preferences for display 204 . . . data that indicates a history of use by the user so as to enable computation of a total amount of stimulating light received by the user"; Column 13, Line 24-28, "usage logs may be kept for a user, and such logs may indicate that on weeknights, the user does not employ their mobile computer from 7p.m. to 9p.m." <read on historical data of a device>);
a sleep period associated with a user of the display device (Herf, Column 9, Line 21-23, "to reduce interference with the user's natural sleep patterns <read on sleep period> from being exposed to light from display 204"; Column 11, Line 6-9, "visual stimulation for a user over the course of a particular time period, such as . . . over the course of a predefined number of hours before the user's scheduled time to go to bed" <read on sleep period>; Column 13, Line 9-14, "The determination of a goal for a parameter may be made by assuming a bedtime for the user. Such an assumed bed time may have been input explicitly by the user . . . or a general bedtime when the user has not overridden it . . . The assumed bedtimes may also be inferred by the system, such as by monitoring when a user stops and starts using a mobile device in the evening and morning over a period of time, and setting an assumed bedtime slightly after the average last use"), adjust, based on an amount of time remaining until the sleep period (Herf, Column 8, Line 19-22, "if it is determined that the user has been away from exciting blue light for a longer period than is typical for that user, with evening or a normal sleep time approaching <read on amount of time remaining until the sleep period>, then a system may increase the level of melanopic lux"; Column 11, Line 6-9, "visual stimulation for a user over the course of a . . . predefined number of hours before the user's scheduled time to go to bed" <read on amount of time remaining until the sleep period>) [[ and based on an end time of a video program being output by the device, ]] at least one color value of one or more pixels of the video program (Herf, Column 6, Line 31-39, "Display 104 may be . . . a display that generates light as a mechanism to display textual and graphical information to the user 102 . . . The display 104 . . . may change over time as the content that is provided to display 104 changes—e.g., as a user interacts with one or more applications or as video provided on display 104 changes <read on video program being output by the device>. Such light, which may be provided in a variety of colors for different areas of the display 104"; Column 10, Line 65-67 – Column 11, Line 1-5, "Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis, and the light management application 214 can combine such a model with information . . . about the content that is being and has been provided to display 204"; Column 8, Line 25-29, "the computer's colors may be shifted more aggressively away from blue light"); and adjust one or more color values of additional pixels of the video program as the [[ end ]] time approaches (Herf, Column 8, Line 19-29, "with evening or a normal sleep time approaching, then a system may increase the level of melanopic lux it allows the user to receive . . . the computer's colors may be shifted more aggressively away from blue light so as to save as much of the user's ability to get to sleep as possible"; Column 10, Line 65-67 – Column 11, Line 1-5, "Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis, and the light management application 214 can combine such a model with information . . . about the content that is being and has been provided to display 204"; Column 12, Line 9-15, "an increase in brightness will generally result in an increase in melanopic-affecting stimulating light for a user, and that increase can be offset by a change in overall color temperature for the display that is relatively warmer in temperature (e.g., a shift to the red end of the color spectrum)");; and the display device configured to display the at least one adjusted color value of one or more pixels of the video program (Herf, Column 2, Line 56-62, “The user may adjust the overall color of the computer display (e.g., by selecting a choice to return their display from adjusted color temperature to “accurate” colors), and the computer may then lower or raise the display brightness to compensate for the change in stimulating light level created by the color temperature adjustment” Column 10, Line 65-67, “Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis… the content that is being and has been provided to display”; Column 9, Line 47-52, "control of the overall color temperature (and adjustments to meet changes in overall color temperature) can be made by providing appropriate inputs for system color calibration controls, pixel shaders or other compositor-enabled techniques, or backlight controls (which may include color, e.g., for RGB/OLED displays)").[[ wherein the adjusting is delayed based on the end time of the video program being scheduled to occur during the sleep period ]]
But, Herf does not explicitly disclose wherein the adjusting is delayed based on the end time of the video program being scheduled to occur during the sleep period…adjust time based on an end time of a video program being output by the device.
However, Xu teaches adjust time based on an end time of a video program being output by the device, at least one color value of one or more pixels of the video program (Xu, Paragraph [0090], "A schedule tag having a length corresponding to a part of the periphery of the clock dial may be attached on the periphery of the clock, based on schedule start time and schedule end time <read on end time of a video program being output>. The user may conveniently recognize start time and end time of a schedule corresponding to the schedule tag, based on a timeslot of the schedule tag displayed on the periphery of the clock dial"; Paragraph [0119], "The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of at least one of an hour hand, a minute hand, and a background image included in the clock GUI <read on at least one color value of one or more pixels of the video program>, according to the time information corresponding to the displayed schedule tag, and current time. In this regard, the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information"; Paragraph [0096], "The attribute of the schedule tag may be, but is not limited to, a shape, a color, brightness, a level of opacity, a form, or flicker of the schedule tag"; Paragraph [0114], "the mobile terminal 100 may differently display a color of a schedule tag generated based on schedule information between 6:00 a.m. and 11:00 a.m., and a color of a schedule tag generated based on schedule information between 6:00 p.m. and 11:00 p.m.").
Xu and Herf are analogous because both are directed to managing the visual attributes (e.g., color, brightness) of content displayed on a display device based on time-related information of an event/content item. Herf provides a way of adjusting display color/brightness as a function of time remaining until a user's scheduled bedtime, in order to reduce interference with the user's sleep. Xu provides a way of changing display attributes (e.g., color, brightness) of a content item (e.g., a schedule tag generated based on schedule information that includes both a start time and an end time) as the time corresponding to the content item approaches. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xu's use of the end time of a scheduled content item as a basis for adjusting at least one color value into Herf's display-color management, such that Herf's color adjustments are made not only based on the time remaining until the user's bedtime but also based on the end time of the video program currently being output by the display. The motivation is that, as Xu explains in Paragraph [0090] and Paragraph [0119], using both start time and end time of a scheduled content item allows a more accurate and user-friendly visual indication tied to the timing of the content, which—when applied to Herf's video-providing display—provides a more accurate, content-aware color adjustment that aligns the timing of color changes with the actual duration of the video program being output to the user.
The combination does not explicitly disclose but Dobrynewsk teaches wherein the delaying an adjusting action based on the video program being output (Dobryniewski, Paragraph [0004], "During computer use, there are certain situations of long inactivity, when, despite its purpose, application managing display-related resources seems inappropriate. Such situations include an Internet television content playback <read on video program being output> or a video call or a video conference or web meetings or remote desktop sharing or webinar applications"; Paragraph [0040], "in case of activity presence (or presence of activity cue(s)) configuring management of display-related resources, not to invoke resources saving action i.e. not to invoke a screen saver or not to reduce screen brightness <read on adjusting is delayed> in order to reduce energy consumption. Thus a resources saving action will not be invoked while the client generates an output signal, for a display device, based on the input sequence of images"; Paragraph [0048], "the client software application takes certain measures based on the signal . . . configuring management of display-related resources, not to invoke resources saving action i.e. taking actions directed at not invoking a screen saver or not reducing screen brightness <read on adjusting is delayed> in order to reduce energy consumption. Thus a resources saving action will not be invoked while the client generates an output signal, for a display device, based on the input sequence of images"; Paragraph [0049], "Prohibiting invoking resources saving action may include executing an action leading to resetting a threshold timer of the screen saver or screen dimming"; it is noted that because Dobryniewski expressly does not invoke (i.e., defers/holds off on invoking) the display-related action—such as reducing brightness—while the video/image sequence is being generated for output, the action is delayed until the generation of the video output ceases, which corresponds to delaying an adjusting action based on the end time of the video program being output).
Dobryniewski and the combination of Herf and Xu are analogous because both pertain to managing display-related actions (e.g., dimming, screen saver, color/brightness modifications) on a display device while time-based video content is being presented to a user. The combination of Herf and Xu provides a way of determining a user's sleep period and adjusting one or more color values of pixels of a display based on an amount of time remaining until that sleep period, while taking into account the end time of a video program being output. Dobryniewski provides a way of expressly deferring (not invoking) display-related actions—such as reducing screen brightness or invoking a screen saver—while a video program (e.g., Internet television content playback) is actively being generated for output, so that the action is not invoked until the video output ceases. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Dobryniewski's deferral of display-related actions into the modified Herf/Xu system, such that when the modified system determines that the end time of the video program being output is scheduled to occur during the user's sleep period, the color-value adjustment is delayed (i.e., held off) until at least the end time of the video program. The motivation is to avoid disrupting the user's viewing of the video program with abrupt display modifications during active video output, as taught by Dobryniewski in Paragraphs [0004], [0040], and [0048], while still achieving the sleep-protective color-adjustment objective taught by Herf once the video output ceases—thus providing a less disruptive, more user-friendly viewing experience for video content scheduled during the user's sleep period.
Regarding Claim 1, it recites limitations similar in scope to the limitations of Claim 18 but as a method and the combination of Herf, Xu and Dobryniewski teaches all the limitations as of Claim 18. Therefore is rejected under the same rationale.
Regarding Claim 2, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches further comprising: adjusting, based on the amount of time, [[ and the end time, ]] an sound level of a video program (Herf, Column 11, Line 6-20, “visual stimulation for a user over the course of a particular time period, such as over the course of a day or over the course of a predefined number of hours before the user's scheduled time to go to bed” “Measurement can be determined using a light sensor on a device that the user carries, whereas inference may be made by determining a user's immediate ambient environment ( e.g., inside or outside) via sound measurement”).
But, Herf does not explicitly disclose adjusting based on the end time.
However, Xu teaches adjusting, based on the end time, an sound level of video program (Xu, Paragraph [0119], “the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information”; [0033], “The controller may be further configured to output a preset notification, according to the time information corresponding to the displayed schedule tag” [0326], “The output unit 120 may output an audio signal, a video signal, or a vibration signal, and may include a display unit 121, a sound output unit 122”)
Xu and Herf are analogous since both of them are dealing with adjusting display content on display device based on timed period. Herf provided a way of adjusting the output display content based on the historical usage. Xu provided a way of adjusting the output characteristic including sound based on state of the device approaching to scheduled start/end time. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate characteristic changing methodology taught by Xu into modified invention of Herf such that system will be able to dynamically adjust the different output characteristics including sound level of the display content based on the scheduled start/end time which provide allow user to be aware of the scheduled program and to enjoy the smoothly viewing experience.
Regarding Claim 3, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches further comprising: adjusting, based on the amount of time [[ and the end time ]], at least one of an intensity or a brightness of the video program (Herf, Column 7, Line 32-35, Column 13, Line 3-8, “a message may be presented to a user warning them that the change in brightness will adversely affect their ability to get to sleep, so that they can re-adjust the brightness or shorten the amount of time they spend with their device for the remainder of the day” “lowering of effect may partially or fully offset the change cause by the adjustment to brightness (e.g., so that the change in melanopic effect becomes zero as a result of the change in brightness level”; Column 13, Line 55-65, “an increase in brightness may be identified… for a movie of video game may be lowered…”).
But, Herf does not explicitly disclose adjusting based on the end time.
However, Xu teaches adjusting, based on the end time, at least one of an intensity or a brightness of the video program (Xu, Paragraph [0090], A schedule tag having a length..based on schedule start time and schedule end time [0119], The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of… image included in the clock GUI, according to the time information corresponding to the displayed schedule tag… the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information) [0096], “The attribute of the schedule tag may be, but is not limited to, a shape, a color, brightness, a level of opacity, a form, or flicker of the schedule tag.”),
As explained in rejection of claim 1, the obviousness for combining of changing characteristic of display content (color, brightness, shape) of Xu into Herf is provided above.
Regarding Claim 8, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches wherein the adjusting the at least one color value of the one or more pixels further comprises (Herf, Column 10, Line 62-66, “system 224 may be accessed over the Internet to obtain data that characterizes the amount of melanopic stimulating light that particular makes and models of displays provide to users. Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis”):
receiving, for the one or more pixels, data indicating a plurality of color values to be output by the one or more pixels for display of the video program (Herf, Column 4, Line 61-65, “visual stimulation that a person receives over the course of a day, and particularly in the time just before their natural bedtime. Two main variables are the amplitude/brightness and color temperature oflight to which a person is exposed”; Column 9, Line 47-52, “control of the overall color temperature (and adjustments to meet changes in overall color temperature) can be made by providing appropriate inputs for system color calibration controls, pixel shaders or other compositor-enabled techniques, or backlight controls (which may include color, e.g., for RGB/OLED displays)”; Column 6, Line 35-37, “one or more applications or as video provided on display 104 changes. Such light, which may be provided in a variety of colors for different areas”);
determining, based on the [[ end ]] time, a color shift value of a color value of the at least one color value of the one or more pixels; and applying the color shift value to the color value for output by the one or more pixels (Herf, Column 8, Line 25-31, “the user is determined to have "burned the midnight oil" by working on their computer constantly through the evening, the computer's colors may be shifted more aggressively away from fluxomblue light so as to save as much of the user's ability to get to sleep as possible; Column 10, Line 62-66, “system 224 may be accessed over the Internet to obtain data that characterizes the amount of melanopic stimulating light that particular makes and models of displays provide to users. Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis”);
But, Herf does not explicitly disclose [[ adjusting based on the ]] end [[ time ]].
However, Xu teaches determining, based on the end time, a color shift value of a color value (Xu, Paragraph [0090], A schedule tag having a length..based on schedule start time and schedule end time [0119], The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of… image included in the clock GUI, according to the time information corresponding to the displayed schedule tag… the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information) [0096], “The attribute of the schedule tag may be, but is not limited to, a shape, a color, brightness, a level of opacity, a form, or flicker of the schedule tag.”),
As explained in rejection of claim 1, the obviousness for combining of changing characteristic of display content (color, brightness, shape) of Xu into Herf is provided above.
Regarding Claim 11, it recites limitations similar in scope to the limitations of claim 18, but in an apparatus. As shown in the rejection, the combination of Herf, Xu and Dobryniewski disclose the limitations of claims 1. Additionally, Herf discloses an apparatus that maps to Fig. 8 and Paragraph [0090]-[0091] (Herf, Fig. 4, Column 14, Line 1-5, 38-45, “The system 400 includes a processor 410, a memory 420, a storage device 430, and an input/output device 440. Each of the components 410,420,430, and 440 are interconnected using a system bus 450” “The apparatus can be implemented in a computer program product tangibly embodied in an information carrier, e.g., in a machine readable storage device for execution by a programmable processor; and method steps can be performed by a programmable processor executing a program of instructions to perform functions of the described implementations). Thus, Claim 11 is met by Herf according to the mapping presented in the rejection of claims 18, given the system corresponds to the apparatus.
Regarding Claim 15, it recites limitations similar in scope to the limitations of claim 18 and the combination of Herf, Xu and Dobryniewski teaches all the limitations as of Claim 18. And the combination discloses these features can be implemented on a computer readable storage medium (Herf, Column 4, Line 5-11, the actions discussed above may be carried out as operations by the execution of code that is stored on one or more tangible, non-transitory machine-readable media. In some implementations, such media is part of a system and is in operable communication 10 with one or more computer processors that execute code to generate the operations).
Regarding Claim 21, the combination of Herf, Xu and Dobryniewski teaches the invention of Claim 1.
The combination further teaches: determining a current mode of a display associated with the device (Herf, Column 11, Lines 38–43, "An operating system 208 on the computer 202 manages the various operations of the computer 202, including the operation of the microprocessor 210 and GPU 212…The operating system 208 may in particular provide drivers for components such as display 204, and among other things, can store and provide data for identifying characteristics of display 204, such as the make/model of display 204, so that, as appropriate, parameters of display or other components can be determined <read on determining a current mode of a display>"; Column 12, Lines 60–67, "Light management application 214 may also cause content 222 to be generated on display 204 that informs a user of the status of light management…an indication may be provided to a user with content 222 that indicates where they currently stand with respect to stimulating light and their ability to get to sleep readily <read on determining a current mode>—e.g., a red, yellow or green dot representing that they have gotten too much stimulation, almost too much, or not too much, respectively"), wherein the current mode indicates a sleep process, associated with the display, is active (Herf, Column 11, Lines 50–58, "Light management application 214 may be one of the applications executed by microprocessor 210 <read on sleep process is active> and may adjust one or more parameters of display 204 in order to control the level of stimulating light that a user of computer 202 receives from display 204. Light management application 214 may have a variety of goals, including to lessen the amount of visual stimulation a user receives later in a day, so as to reduce interference with the user's natural sleep patterns <read on sleep process> from being exposed to light from display 204"; Column 12, Lines 60–67, "content 222 to be generated on display 204 that informs a user of the status of light management <read on current mode indicates a sleep process is active>…a red, yellow or green dot representing that they have gotten too much stimulation, almost too much, or not too much"; Column 12, Lines 5–17, "the light management application 214 can affect the output of display 204 by sending commands to the GPU 212…to cause it to change the overall color temperature of content that is sent to the GPU 212 and provided for display 204 <read on sleep process associated with the display>"), and wherein the sleep process causes the adjusting to be delayed based on a comparison of the end time of the video program with the sleep period associated with the user (Herf, Column 9, Lines 41–58, "The determination of a goal for a parameter may be made by assuming a bedtime <read on sleep period> for the user…a bedtime can be set, or can be affected for a particular day, by information in a user's electronic calendar, such as moving a normal 10 p.m. bed time to midnight where the user's calendar indicates that the user will be in a meeting or attending a sporting or music event, and will not return home until around midnight (perhaps setting the bedtime to one hour after the expected end of the event <read on comparison of the end time of the video program with the sleep period> to permit commuting time, and time getting ready for bed)"; it is noted that the light management application — which Herf at Column 11, Lines 50–58 identifies as the sleep-assistance process associated with the display — is the same component that, at Column 9, Lines 41–58, compares the expected end time of a scheduled calendar event to the user's normal bedtime/sleep period and, when the event's end time falls within or against the sleep period, defers the bedtime to one hour after the event's end, thereby delaying all bedtime-keyed color value adjustments described at Column 8, Lines 19–31 and Column 12, Lines 9–15; Column 11, Lines 47–55, "the user's expect bedtime…The determination of a goal for a parameter may be made by assuming a bedtime for the user <read on comparison with the sleep period>").
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herf et al.(US 10255880 B1, hereinafter Herf) in view of Xu et al. (US 20170269792 A1, hereinafter Xu), further in view of Dobrynewsk (US 20170017291 A1) as applied to Claim 1 above, in view of Stanley-Marbell et al. (US-20150347204-A1, hereinafter Stanley-Marbell).
Regarding Claim 4, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination does not explicitly disclose but StanleyMarbell teaches wherein the historical data of the device comprises information indicating when a display screen of the device changed from an ON state to an OFF state (Stanley-Marbell, Paragraph [0067], [0095], sampling daemon 102 can receive notifications when the mobile device's screen is turned on or off (e.g., "system.backlight" event); attribute event data stored in event data store 104 (e.g., historical data) can be used by sampling daemon 102 to predict the occurrence of future events) ;
and the sleep period is associated with an expected future change of the display screen from the ON state to the OFF state (StanleyMarbell, Paragraph [0006], [0067], sampling daemon 102 can receive notifications when the mobile device's screen is turned on or off ( e.g., "system.backlight" event), when the mobile device 100; The attribute events can be stored and later used to predict future occurrences of the attribute events; [0047], “mobile device 100 can be configured with a predefined attribute (e.g., "system.sleepWake") that indicates whether mobile device 100 is in sleep mode <read on sleep period>”).
StanleyMarbell and Herf are analogous since both of them are dealing with adjusting display device based on historical timed data. Herf provided a way of adjusting the output display content based on the historical usage. StanleyMarbell provided a way of adjusting the color value based on state of the device on/off and increase red color and decreasing blue color in a linear way. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate color changing methodology taught by StanleyMarbell into modified invention of Herf such that system will be able to adjust the color of image displayed on screen based on user habit and adjust the red/blue color properly when machine is in on or off state in order to provide user with the most smoothly viewing experience.
Claim(s) 5, 12, 16, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herf et al.(US 10255880 B1, hereinafter Herf) in view of Xu et al. (US 20170269792 A1, hereinafter Xu), further in view of Dobrynewsk (US 20170017291 A1) as applied to Claim 1 above, in view of BrantonHousley (US 20170318345 A1).
Regarding Claim 5, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches wherein the adjusting the at least one color value of the one or more pixels comprises: increasing, [[ in a linear manner as the end time approaches ]] a red color value of each of the one or more pixels (Herf, Column 12, Line 9-15, 51-56, “increase in brightness will generally result in an increase in melanopic-affecting stimulating light for a user, and that increase can be offset by a change in overall color temperature for the display that is relatively warmer in temperature (e.g., a shift to the red end of the color spectrum)” “multiple parameters may be changed in response to identifying a change in brightness level ( or other independent variable), and they may be adjusted for reasons other than maintaining a constant melanopic effect for the display”)
; and decreasing, [[ in a linear manner as the end time approaches]], a blue color value of each of the one or more pixels (Herf, Column 8, Line 19-22, “if it is determined that the user has been away from exciting blue light for a longer period than is typical for that user, with evening or a normal sleep time approaching”)
But, the combination does not explicitly disclose [[ adjusting based on the ]] end [[ time ]] approaching.
However, Xu teaches determining, based on the end time approaching (Xu, Paragraph [0090], A schedule tag having a length..based on schedule start time and schedule end time [0119], The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of… image included in the clock GUI, according to the time information corresponding to the displayed schedule tag… the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information)),
As explained in rejection of claim 1, the obviousness for combining of changing characteristic of display content (color, brightness, shape) of Xu into Herf is provided above.
But, Herf does not explicitly disclose increasing and decreasing in a linear manner.
However, BrantonHousley teaches wherein the adjusting the at least one color value of the one or more pixels comprises: increasing, in a linear manner as the end time approaches a red color value of each of the one or more pixels (BrantonHousley, Paragraph [0004], "when the current time reaches a predefined period of time before the threshold night value, gradually adjusting the white color balance of the video signal to increase the red component value incrementally over the predefined period of time"; Paragraph [0057], "Images and video include a white color balance. Color on a television or other display device screen is typically a combination of red, green, and blue (RGB) components"); and decrease, in a linear manner as the amount of time decreases, a blue color value of each of the one or more pixels (BrantonHousley, Paragraph [0057], [0071 ], "Method 600 can allow for configuration of a predefined period of time over which to gradually reduce the blue light component of the video. The predefined period of time can be set to a default when the blue light reduction functionality is implemented on the set-top box"; "the white color balance can be set to decrease the blue light component").
BrantonHousley and Herf are analogous since both of them are dealing with adjusting display device based on historical timed data. Herf provided a way of adjusting the output display content based on the historical usage. BrantonHousley provided a way of adjusting the color value based on the user's sleep habit and increase red color and decreasing blue color in a linear way. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate red/blue color changing methodology taught by BrantonHousley into modified invention of Herf such that system will be able to adjust the color of image displayed on screen based on user habit and adjust the red/blue color properly in order to provide user with the most comfortably viewing experience.
Regarding Claim 12, it recites limitations similar in scope to the limitations of Claim 5 and therefore is rejected under the same rationale.
Regarding Claim 16, it recites limitations similar in scope to the limitations of Claim 5 and therefore is rejected under the same rationale.
Regarding Claim 19, it recites limitations similar in scope to the limitations of Claim 5 and therefore is rejected under the same rationale.
Claim(s) 6, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herf et al. (US 10255880 B1, hereinafter Herf) in view of Xu et al. (US 20170269792 A1, hereinafter Xu), further in view of Dobrynewsk (US 20170017291 A1) as applied to Claim 1, 11 above respectively, in view of Gobeyn et al. (US 20080294016 A1, hereinafter Gobeyn).
Regarding Claim 6, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches wherein the determining the sleep period [[ is based on a security system event ]], and the adjusting the at least one color value of the one or more pixels comprises (Herf, Column 9, Line 21-22, “reduce interference with the user's natural sleep patterns <read on sleep period> from being exposed to light from display 204”; Column 12, Line 9-15, 51-56, “multiple parameters may be changed in response to identifying a change in brightness level ( or other independent variable), and they may be adjusted for reasons other than maintaining a constant melanopic effect for the display”; Column 10, Line 62-66, “system 224 may be accessed over the Internet to obtain data that characterizes the amount of melanopic stimulating light that particular makes and models of displays provide to users. Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis”):
determining, based on the [[ end ]] time, at least one color shift value of the at least one color value of the one or more pixels; and applying the at least one color shift value to the at least one color value of the one or more pixels for output by the one or more pixels (Herf, Column 8, Line 25-31, “the user is determined to have "burned the midnight oil" by working on their computer constantly through the evening, the computer's colors may be shifted more aggressively away from fluxomblue light so as to save as much of the user's ability to get to sleep as possible; Column 10, Line 62-66, “system 224 may be accessed over the Internet to obtain data that characterizes the amount of melanopic stimulating light that particular makes and models of displays provide to users. Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis”).
But, Herf does not explicitly disclose [[ adjusting based on the ]] end [[ time ]].
However, Xu teaches determining, based on the end time (Xu, Paragraph [0090], A schedule tag having a length..based on schedule start time and schedule end time [0119], The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of… image included in the clock GUI, according to the time information corresponding to the displayed schedule tag… the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information)),
As explained in rejection of claim 1, the obviousness for combining of changing characteristic of display content (color, brightness, shape) of Xu into Herf is provided above.
But, Herf does not explicitly disclose that the determination is based on a security system event.
However, Gobeyn teaches the determining the sleep period is based on a security system event (Gobeyn, Table-US-00001 : The privacy settings database 440 provides privacy settings that associate subject or user identification with the desired privacy levels for that individual. Exemplary privacy settings provide:… Personal behavioral factors - such as use of cosmetics or alcohol or drugs, exercise Dietary habits, sleep habits <read on sleep period>), and the adjusting the at least one color value of the one or more pixels (Gobeyn, Paragraph [0103], “color changes can be detected if camera 120 has color specific detection devices. For example, cameras 120 can have an image sensor array 124 (commonly a CCD or CMOS) including sensing pixels overlaid with a patterned color filter array”).
Gobeyn and Herf are analogous since both of them are dealing with adjusting display device based on historical timed data. Herf provided a way of adjusting the output display content based on the historical usage. Gobeyn provided a way of adjusting the color value based on the user's sleep habit and privacy settings. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate privacy setting taught by Gobeyn into modified invention of Herf such that system will be able to adjust the color based on personalized privacy setting of the sleeping habit which provide more secured data protection at the same time be more flexible allow customized color adjustment based on sleeping habit.
Regarding Claim 13, it recites limitations similar in scope to the limitations of Claim 6 and therefore is rejected under the same rationale.
Claim(s) 7, 14, 17, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herf et al. (US 10255880 B1, hereinafter Herf) in view of Xu et al. (US 20170269792 A1, hereinafter Xu), further in view of Dobrynewsk (US 20170017291 A1) as applied to Claim 1, 11 above respectively, in view of Osterhout et al. (US 20150356779 A1, hereinafter Osterhout).
Regarding Claim 7, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches wherein the adjusting the one or more color values of additional pixels comprises (Herf, Column 12, Line 9-15, 51-56, “increase in brightness will generally result in an increase in melanopic-affecting stimulating light for a user, and that increase can be offset by a change in overall color temperature for the display that is relatively warmer in temperature (e.g., a shift to the red end of the color spectrum)”; Column 10, Line 65-67-Column 11, Line 1-5, Such models may express the excitation on a per-pixel basis of per-group-of-pixels basis)
But, Herf does not explicitly disclose [[ adjusting based on the ]] end [[ time ]] approaching.
However, Xu teaches determining, based on the end time approaching (Xu, Paragraph [0090], A schedule tag having a length..based on schedule start time and schedule end time [0119], The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of… image included in the clock GUI, according to the time information corresponding to the displayed schedule tag… the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information)),
As explained in rejection of claim 1, the obviousness for combining of changing characteristic of display content (color, brightness, shape) of Xu into Herf is provided above.
Herf does not explicitly disclose but Osterhout teaches spreading a redshift to one or more pixels of a display based on the end time (Osterhout, Paragraph [0112], [0196], “Full color images can be presented to a user by sequentially providing illumination light with complimentary colors such as red, green and blue” “Bright pixels in the image are provided by pixels that remain in the “on” state for the entire time of the cycle, while dimmer pixels in the image are provided by pixels that switch between the “on” state and “off” state within the time of the cycle, or frame time when in a video sequence of images” “the originating color may be red, indicative of high speed, and it may change over the course of the trace to yellow, indicative of a slowing trace”).
Osterhout and Herf are analogous since both of them are dealing with adjusting color of image on the display. Herf provided a way of adjusting the output display content based on the historical usage. Osterhout provided a way of adjusting the color value based on the state of the device associated remaining of the displaying. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate color changing methodology taught by Osterhout into modified invention of Herf such that system will be able to adjust the color of image displayed on screen consistently based on the cycle of the activity which will enhance the system flexibility and to provide more comfortable viewing experience to users.
Regarding Claim 14, it recites limitations similar in scope to the limitations of Claim 7 and therefore is rejected under the same rationale.
Regarding Claim 17, it recites limitations similar in scope to the limitations of Claim 7 and therefore is rejected under the same rationale.
Regarding Claim 20, it recites limitations similar in scope to the limitations of Claim 7 and therefore is rejected under the same rationale.
Claim(s) 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herf et al.(US 10255880 B1, hereinafter Herf) in view of Xu et al. (US 20170269792 A1, hereinafter Xu), further in view of Dobrynewsk (US 20170017291 A1) as applied to Claim 1 above and further in view of Brockwell et al. (US 20100112680 A1, hereinafter Brockwell).
Regarding Claim 9, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches wherein the adjusting the one or more color values of additional pixels as the [[ end ]] time approaches comprises:(Herf, Column 12, Line 9-15, “an increase in brightness will generally result in an increase in melanopic-affecting stimulating light for a user, and that increase can be offset by a change in overall color temperature for the display that is relatively warmer in temperature (e.g., a shift to the red end of the color spectrum)” Column 6, Line 35-38, “a user interacts with one or more applications or as video provided on display 104 changes. Such light, which may be provided in a variety of colors” Column 13, Line 5-10, “they can re-adjust the brightness or shorten the amount of time they spend with their device for the remainder of the day”)
But, Herf does not explicitly disclose [[ adjusting based on the ]] end [[ time ]] approaching.
However, Xu teaches determining, based on the end time approaching (Xu, Paragraph [0090], A schedule tag having a length..based on schedule start time and schedule end time [0119], The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of… image included in the clock GUI, according to the time information corresponding to the displayed schedule tag… the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information)),
As explained in rejection of claim 1, the obviousness for combining of changing characteristic of display content (color, brightness, shape) of Xu into Herf is provided above.
The combination does not explicitly disclose but Brockwell teaches progressively adjusting color values for groups of the additional pixels corresponding to concentric regions of a display (Brockwell, Paragraph [0177], “a linear or non-linear scale is printed as concentric circles along the radial progression in colour”; [0182], “This can be achieved by a special adaptation of the moving colour-band device to modify the continuous scale into a graduated scale”; it is noted since the changing color for pixels are gradually and continuously from outside to center, the current pixel that are changing are the additional pixels relative to the previous pixel(s) changed), such that color values of groups of additional pixels in an outermost region are adjusted first (Brockwell, Paragraph [0176], [0177], “uses planar diffusion in two dimensions from the edge of a film toward the centre” “Colour migrates in this form from the edge towards the centre”), and as the end time further approaches, color values of groups of additional pixels in one or more inner regions are successively adjusted (Brockwell, Paragraph [0177], “Colour change at each concentric circle epresents an increasing level of exposure according to a scale of interpretation calibrated for the particular industrial application…moved the colour change from the outer edge toward the centre by one level on the printed scale”).
Brockwell and Herf are analogous since both of them are dealing with adjusting display content on display device based on timed period. Herf provided a way of adjusting the output display content based on the historical usage. Brockwell provided a way of adjusting display based on concentration region. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate displaying content changing methodology taught by Brockwell into modified invention of Herf such that system will be able to gradually adjust the color for displaying content from outermost region to inner region which will provide smooth transition of displaying at the same time provide user with proper alert when time approaching the end of display period which is more user friendly viewing environment.
Regarding Claim 10, the combination of Herf, Xu and Dobryniewski teaches the invention in Claim 1.
The combination further teaches the adjusting the one or more color values of additional pixels as the [[ end ]] time of the video program approaches (Herf, Column 12, Line 9-15, “an increase in brightness will generally result in an increase in melanopic-affecting stimulating light for a user, and that increase can be offset by a change in overall color temperature for the display that is relatively warmer in temperature (e.g., a shift to the red end of the color spectrum)” Column 6, Line 35-38, “a user interacts with one or more applications or as video provided on display 104 changes. Such light, which may be provided in a variety of colors” Column 13, Line 5-10, “they can re-adjust the brightness or shorten the amount of time they spend with their device for the remainder of the day”)
But, Herf does not explicitly disclose [[ adjusting based on the ]] end [[ time ]] approaching.
However, Xu teaches determining, based on the end time approaching (Xu, Paragraph [0090], A schedule tag having a length..based on schedule start time and schedule end time [0119], The mobile terminal 100 may change and display at least one of a color, a shape, and brightness of… image included in the clock GUI, according to the time information corresponding to the displayed schedule tag… the time information corresponding to the schedule tag may include at least one of schedule start time and end time included in the schedule information)),
As explained in rejection of claim 1, the obviousness for combining of changing characteristic of display content (color, brightness, shape) of Xu into Herf is provided above.
The combination does not explicitly disclose but Brockwell teaches gradually increasing an area of adjusted pixels in a concentric pattern (Brockwell, Paragraph [0177], “it can be seen that a linear or non-linear scale is printed as concentric circles along the radial progression in colour onto the upper sealing layer. Colour migrates in this form from the edge towards the centre” [0182], “This can be achieved by a special adaptation of the moving colour-band device to modify the continuous scale into a graduated scale”; it is noted since the changing color for pixels are gradually and continuously from outside to center, the current pixel that are changing are the additional pixels relative to the previous pixel(s) changed; it is noted when changing color gradually from outside toward center it is in a concentric pattern).
Brockwell and Herf are analogous since both of them are dealing with adjusting display content on display device based on timed period. Herf provided a way of adjusting the output display content based on the historical usage. Brockwell provided a way of adjusting display gradually from outmost to center region. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate displaying content color changing methodology taught by Brockwell into modified invention of Herf such that system will be able to gradually adjust the color for displaying content from outermost region to inner region which will provide smooth transition of displaying at the same time provide user with proper alert when time approaching the end of display period which is more user friendly viewing environment.
Response to Arguments
The rejection of Claims 1-9, 11-20 under Nonstatutory Double Patenting are maintained since no eTerminal/Terminal Disclaimer has been filed at the time this office action is issued.
Applicant’s arguments with respect to claims 1, 11, 15, 18 filed on 5/14/2026, with respect to rejection under 35 USC § 103 have been fully considered but are not persuasive.
Applicant asserts that the combination of prior arts does not teach the limitation "wherein the adjusting is delayed based on the end time of the video program being scheduled to occur during the sleep period." Applicant further argues that Herf teaches away from combination with Dobryniewski, and alternatively that a POSITA would not have been motivated to make the combination because doing so would "stop Herf from dimming the brightness."
In response to the argument, prior art Herf teaches in Column 9, Line 21-22; Column 11, Line 6-9; and Column 8, Line 19-29 the sleep-period determination and the color-value adjusting tied to the time approaching the user's bedtime (e.g., shifting display colors more aggressively away from blue light as a normal sleep time approaches); prior art Xu teaches in Paragraph [0090] and Paragraph [0119] that display-attribute adjustments (color, brightness) of a scheduled content item are made based on time information that includes the schedule end time; and additional prior art Dobryniewski teaches in Paragraph [0004], Paragraph [0040], and Paragraph [0048] that a display-modifying action (e.g., screen dimming) is expressly not invoked while a video/image sequence is being generated for output — i.e., the action is deferred until the video output ceases, which corresponds to delaying the adjustment based on the end time of the video program when the end time is scheduled to occur during the sleep period.
With respect to Applicant's teaching-away argument, the Examiner respectfully disagrees because the portions of Herf cited by Applicant (Herf Column 2, Lines 7-23, 40-54, Column 4, Lines 14-17, Column 9, Lines 21-22, Column 11, Lines 5-9) merely describe Herf's general goal of managing stimulating light to assist a user's sleep and do not "criticize, discredit, or otherwise discourage" deferring an adjustment when the adjustment would interrupt active video playback. The rejection does not propose to replace Herf's color-adjustment with Dobryniewski's general suppression at all times — it merely defers Herf's color-value adjustment until the end of the video program when the end time is scheduled to occur during the user's sleep period. Herf's sleep-related goal is still served once the video output ceases. Silence in Herf about deferring an adjustment during active video output is not a teaching away.
With respect to Applicant's no-motivation argument, the Examiner respectfully disagrees because the combination does not "stop" Herf's adjustment — it defers the adjustment until the end of the video program, which provides a less-disruptive user experience consistent with the principles of both references. The articulated motivation — to avoid disrupting active video playback while still achieving the sleep-related color-adjustment objective once the video ends which is a rational underpinning under KSR. Applicant's argument also focuses improperly on bodily incorporating Dobryniewski's suppression into Herf — but "the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference . . . Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. Hence the combination of prior arts fully anticipates the claimed limitation. Therefore, Applicant's remark cannot be considered persuasive, and the rejection is MAINTAINED.
Applicant further asserts that the combination of prior arts does not teach the limitation "adjusting . . . based on an end time of a video program being output by the device, at least one color value of one or more pixels of the video program," arguing that Xu only modifies a schedule tag based on the schedule's start time, that Xu's end-time disclosure is limited to an overlap scenario between two schedule tags, and that even then it is the second schedule tag (a separate content item) that is modified.
In response to the argument, prior art Herf teaches in Column 6, Line 31-39; Column 10, Line 65-67 – Column 11, Line 1-5; and Column 8, Line 19-29 that color values of one or more pixels of a video program being output by the device are adjusted on a per-pixel/per-group-of-pixels basis as the user's sleep time approaches; and prior art Xu teaches in Paragraph [0090], Paragraph [0119], Paragraph [0096], and Paragraph [0114] that display-attribute adjustments (color, brightness, etc.) of a scheduled content item (e.g., a schedule tag) are made based on time information that expressly "may include at least one of schedule start time and end time" of the schedule — not limited to a start-time-only or overlap-only scenario. The Xu paragraphs cited by Applicant ([0024], [0042], [0185]) describe only an additional, secondary attribute-changing scenario involving overlap of two schedule tags and do not limit or override the express end-time teaching of Paragraphs [0090] and [0119], which by their plain language are not so restricted.
It is further noted that the rejection does not rely on Xu alone to teach the entire limitation. Rather, the rejection relies on the combined teachings of Herf and Xu: Herf already teaches the video-program-output context and the color-value adjustment of pixels of the video program based on a time-related parameter, and Xu supplies the use of the end time of the scheduled content item as a time-related parameter for that adjustment. Hence the combination of prior arts fully anticipates the claimed limitation. Therefore, Applicant's remark cannot be considered persuasive, and the rejection is MAINTAINED.
In regard to Claims 2-10, 12-14, 16-17, 19-20, they directly/indirectly depends on independent Claim 1, 11, 15, 18 respectively. Applicant does not argue anything other than the independent claim 1, 11, 15, 18. The limitations in those claims in conjunction with combination previously established as explained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUJANG TSWEI whose telephone number is (571)272-6669. The examiner can normally be reached 8:30am-5:30pm EST.
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/YuJang Tswei/Primary Examiner, Art Unit 2614
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