DETAILED ACTION
This action is responsive to the Preliminary Amendment filed on 04/09/2024. Claims 1, 4, 5, 8, 10, 13, 15, and 16 have been amended. Claims 18 and 19 have been cancelled. Claims 20 and 21 have been added. Claims 1-17, 20, and 21 are pending in the case. Claims 1, 20, and 21 are independent claims.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in: parent Application No. CN202210549604.6, filed on 05/20/2022; parent Application No. CN202210549347.6, filed on 05/20/2022; parent Application No. CN202210761048.9, filed on 06/30/2022; parent Application No. CN202210764445.1, filed on 06/30/2022; parent Application No. CN202310226969.X, filed on 02/27/2023; and parent Application No. CN202310216799.7, filed on 02/27/2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 08/16/2024, 01/17/2025, 04/25/2025, 11/03/2025, and 03/17/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Interpretations/Examiner’s Notes
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. Further, during examination, the claims must be interpreted as broadly as their terms reasonably allow (see In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 U.S.P.Q.2d 1827, 1834 (Fed. Cir. 2004)). Also, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims (see In re Van Geuns, 988 F.2d 1181, 26 U.S.P.Q.2d 1057 (Fed. Cir. 1993)). The following is provided to aid the reader in understanding how at least some claim elements (also commonly referred to as claim limitations), as a whole, have been considered in the rejections below:
“when” [e.g. claims 1-17] = Even though the prior art rejection included below does not depend on the following technicality, it is nonetheless respectfully noted that the broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. Therefore, as currently claimed, functionalities that currently depend on the “when” condition being true (like when a condition happens, do something (but that something does not need to happen if the triggering condition does not occur)) may not be narrowing the claims to the extent it may have been intended since, for purposes of prior art analysis, any prior art scenario showing at least one mappable instance wherein the contingency/triggering condition is not met/true would suffice to anticipate or teach these aspects. See “Contingent Limitations” in MPEP § 2111.04, subsection II and/or MPEP § 2143.03.
As to the prior art rejections included below, the Office has given patentable weight to every single contingent limitation in the interests of compact prosecution. However, the Office also submits that in addition to the provided rejections/mappings below, the cited references also show many instances wherein the contingencies are not triggered because at least one other scenario is shown wherein each “when” condition is not true/met.
“or” [e.g. claims 1-17, 20, and 21] = Even though the prior art rejection included below does not depend on the following technicality, as currently recited in independent claims 1, 20, and 21, these claims technically require only one of either the “second banner notification” or the “second interface” to be displayed for purposes of prior art analysis. Therefore, subsequent limitations that solely focus on one of these alternatives would not carry considerable patentable weight if the prior art shows the other alternative (for example, dependent claims that rely on the “second interface” having been displayed would be directed to an unelected alternative lacking patentable weight if the prior art shows the displaying the “second banner notification” alternative, and vice versa). See MPEP § 2173.05(h) “Alternative Limitations.”
Claim Objections
Claims 1-17, 20, and 21 are objected to because of the following informalities:
Claim 1:
Line 8 recites “the expanded first banner notification,” which lacks proper antecedent basis.
Lines 9 and 12 improperly reintroduce the limitation “message content” (antecedent basis for this limitation had already been established in line 8 of the same claim).
Line 11 improperly reintroduces the limitation “a gaze point” (antecedent basis for this limitation had already been established in line 7 of the same claim).
Claim 4:
Line 7 recites “the displaying” where “wherein the displaying” was apparently intended.
Claim 5:
Line 3 recites “when duration” where “when a duration” was apparently intended.
Line 3 also recites “to first” where “to a first” was apparently intended.
Line 4 recites “when total” where “when a total” was apparently intended.
Claim 6:
The numbering of claim 6 is not in accordance with 37 CFR 1.126. The presented claims must be numbered consecutively beginning with the number next following the highest numbered claims previously presented. A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim. A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. See MPEP § 608.01(n) and 37 CFR 1.75(g): “(t)he least restrictive claim should be presented as claim number 1, and all dependent claims should be grouped together with the claim or claims to which they refer…”
Line 5 recites “that duration” where “that a duration” was apparently intended.
Line 6 recites “to second duration” where “to a second duration” was apparently intended.
Line 8 recites “that duration,” which is missing an appropriate article (and possibly a unique label/adjective to differentiate it from previous “duration” instances).
Line 9 recites “to seventh duration” where “to a seventh duration” was apparently intended.
Claim 7:
Line 2 recites “third duration” where “a third duration” was apparently intended.
Line 2 also recites “fifth duration” where “a fifth duration” was apparently intended.
Line 5 recites “that duration” where “that the duration” was apparently intended.
Line 6 recites “seventh duration” where “the seventh duration” was apparently intended.
Line 13 improperly reintroduces the limitation “an outer side” (antecedent basis for this limitation had already been established in line 9 of the same claim).
Claim 8:
Line 2 improperly reintroduces the limitation “a second banner notification” (antecedent basis for this limitation had already been established in line 6 of parent claim 1).
Line 3 improperly reintroduces the limitation “a gaze point” (antecedent basis for this limitation had already been established in line 7 of parent claim 1).
Claim 10:
Line 2 improperly reintroduces the limitation “a second interface” (antecedent basis for this limitation had already been established in line 10 of parent claim 1).
Lines 2-3 improperly reintroduce the limitation “a gaze point” (antecedent basis for this limitation had already been established in line 7 of parent claim 1).
Claim 11:
Line 5 recites “to eight” where “to an eighth” was apparently intended.
Claim 12:
Line 2 recites “fourth duration” where “a fourth duration” was apparently intended.
Line 6 recites “eighth duration” where “the eighth duration” was apparently intended.
Claim 14:
Line 2 recites “the third switch” where “wherein the third switch” was apparently intended.
Line 4 improperly reintroduces the limitation “a preset region” (antecedent basis for this limitation had already been established in line 4 of parent claim 13).
Claim 15:
Line 4 recites “duration,” which is missing an appropriate article (and possibly a unique label/adjective to differentiate it from previous “duration” instances).
Line 5 recites “sixth duration” where “a sixth duration” was apparently intended.
Claim 16:
The numbering of claim 16 is not in accordance with 37 CFR 1.126. The presented claims must be numbered consecutively beginning with the number next following the highest numbered claims previously presented. A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim. A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. See MPEP § 608.01(n) and 37 CFR 1.75(g): “(t)he least restrictive claim should be presented as claim number 1, and all dependent claims should be grouped together with the claim or claims to which they refer…”
Claim 17:
Line 2 improperly reintroduces the limitation “a third interface” (antecedent basis for this limitation had already been established in line 4 of parent claim 16).
Claim 20:
Line 12 recites “the expanded first banner notification,” which lacks proper antecedent basis.
Lines 13 and 16 improperly reintroduce the limitation “message content” (antecedent basis for this limitation had already been established in line 12 of the same claim).
Line 15 improperly reintroduces the limitation “a gaze point” (antecedent basis for this limitation had already been established in line 11 of the same claim).
Claim 21:
Line 2 recites “cause” where “causes” was apparently intended.
Line 9 recites “the expanded first banner notification,” which lacks proper antecedent basis.
Lines 10 and 13 improperly reintroduce the limitation “message content” (antecedent basis for this limitation had already been established in line 09 of the same claim).
Line 12 improperly reintroduces the limitation “a gaze point” (antecedent basis for this limitation had already been established in line 8 of the same claim).
Appropriate correction is required.
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.
Claim 21 is rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter. Independent claim 21 recites a “computer storage medium” which the specification states “may be any target medium accessible to a computer” (paragraph 288). The broadest reasonable interpretation of a claim drawn to a computer storage medium covers forms of transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media. Transitory propagating signals are non-statutory subject matter. In re Nuijten, 500 F.3d 1346, 1356-57, 84 U.S.P.Q.2d 1495, 1502 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter). See also Subject Matter Eligibility of Computer Readable Media, 1351 Off. Gaz. Pat. Office 212 (Feb. 23, 2010).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claim 12 recites a significant amount of limitations (like “the fifth duration” in line 2; “the gaze cursor” in line 2; and “the outer side” in line 9 (which is followed up by “an outer side” in line 13)) that lack proper antecedent basis. Similarly, claim 13 too recites “the gaze cursor” in line 3 which also lacks proper antecedent basis. These lack of antecedent issues amount to indefiniteness concerns because there is no means of establishing the proper metes and bounds of each limitation (let alone all of them together) as they pertain to claims 12 and 13, respectively.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-6, 8-11, 13-17, 20, and 21 are rejected under 35 U.S.C. § 103 as being unpatentable over Oguma (US Patent Application Pub. No. 2021/0333873, hereinafter “Oguma”) in view of Park (US Patent Application Pub. No. 2018/0321739, hereinafter “Park”).
As to independent claims 1, 20, and 21, Oguma shows a banner notification opening method, an electronic device, and a concomitant computer storage medium [¶ 01], comprising:
displaying, by a terminal device, a first interface, wherein the first interface comprises a first banner notification, the first banner notification is in a first region, and the first banner notification is a banner notification initiated by a first application [“A banner is an image that is created mainly for advertisement or promotion and serves to introduce another website on a web page. A link to a web page of another website is provided on this image. Selecting the image with a click operation or a touch operation displays the website introduced by the banner. The banner having such a function is called a web banner. In recent years, there have been not only a banner having a link (a Uniform Resource Locator (URL)) for shifting to another website, but also a banner for notifying a user of new information received by another application. The banner having such a function is called a notification banner. When the user selects (taps) the notification banner, the application having received the new information is executed so that the user can immediately access the new information. {…}” (¶ 43) | See also fig. 4A.]; and
displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification [a second/expanded version of the first banner notification with more message content may be displayed on the first interface when/if the terminal device detects that a gaze point is in the first region (fig. 4B; ¶ 51)]; or
displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification [Additionally and/or alternatively, a second interface may be displayed with message content from the banner when/if the banner notification is maintained in display when the terminal device detects that a gaze point is in the first region (¶¶ 43, 47, & 68)];
wherein a first switch and a second switch are [Oguma describes multiple functionalities from the terminal that are deliberately switched/“turned” on or off (¶¶ 45-48, 65-70, & 73-77), including the operability to expand the first banner notification when/if it is detected that the gaze point is in the first region (fig. 4B; ¶ 51) and the operability to open the first application when/if it is detected that the gaze point is in the first region or a second region in which the second banner notification is located (¶¶ 43, 47, & 68).].
Even though the Office submits that the breadth of the current language broadly describing “switches” to be “disposed in the terminal device” reasonably lends itself to be mapped to Oguma’s teachings that are turned on or off in direct correlation to corresponding user inputs, in the interests of compact prosecution, the Office will attempt to extrapolate for that for purposes of prior art analysis, Applicant actually intended for the “a first switch and a second switch are disposed in the terminal device” limitation to actually mean that the switches are visibly displayed, which Oguma does not appear to explicitly specify/recite. In an analogous art, Park shows:
wherein a first switch and a second switch are disposed in the terminal device, the first switch is configured to expand the first banner notification when it is detected that the gaze point is in the first region, the second switch is configured to open the first application when it is detected that the gaze point is in the first region or a second region [In an analogous art where a gaze point is used to control a graphical user interface via displayed switches/menu items (Park: Abstract; ¶¶ 13-15), Park shows the operability to display both a first switch to expand a banner-equivalent GUI element when/if it is detected that the gaze point is in the first region (Park: ¶¶ 133-135) and a second switch to open the first application when/if it is detected that the gaze point is in the first region or a second region (Park: ¶¶ 134-135). Additionally/alternatively, Park shows the operability to configure any visible switch for any user-desired gaze-related functionality (Park: ¶¶ 133-135 & 144-145).].
One of ordinary skill in the art, having the teachings of Oguma and Park before them prior to the effective filing date of the claimed invention, would have been motivated to incorporate Park’s operability to display visible gaze-related switches into Oguma. The rationale for doing so would have been “to smoothly and conveniently use a computer through the point of a user's eye gaze” (Park: ¶ 04). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Oguma and Park (hereinafter, the “Oguma-Park” combination) in order to obtain the invention as recited in claims 1, 20, and 21.
As to dependent claim 2, Oguma-Park further shows:
displaying, by the terminal device, the second interface after displaying the second banner notification on the first interface, when the terminal device detects that the gaze point is in the first region [the second interface may be displayed after displaying the second banner notification on the first interface, when/if the terminal device detects that the gaze point is in the first region (Oguma: ¶¶ 43, 47, & 68 | Park: ¶¶ 133-135)].
As to dependent claim 3, Oguma-Park further shows:
wherein the displaying, by the terminal device, the second interface after displaying the second banner notification on the first interface, when the terminal device detects that the gaze point is in the first region comprises: displaying, by the terminal device, the second interface after displaying the second banner notification on the first interface, when the first banner notification is allowed to be expanded and the terminal device detects that the gaze point is in the first region [the second interface may be displayed after displaying the second banner notification on the first interface when/if the first banner notification is allowed to be expanded and the terminal device detects that the gaze point is in the first region (Oguma: ¶¶ 43, 47, & 68 | Park: ¶¶ 133-135)].
As to dependent claim 4, Oguma-Park further shows:
the displaying, by the terminal device, the second interface after displaying the second banner notification on the first interface when the first banner notification is allowed to be expanded and the terminal device detects that the gaze point is in the first region comprises: when the first switch is on, the second switch is on, the first banner notification is allowed to be expanded, and the terminal device detects that the gaze point is in the first region, displaying, by the terminal device, the second interface after displaying the second banner notification on the first interface [the second interface may be displayed after displaying the expanded/second banner notification on the first interface when/if the Oguma’s functionalities (visualized via Park’s switches) are turned on, the first banner notification is allowed to be expanded, and the terminal device detects that the gaze point is in the first region (Oguma: ¶¶ 43, 47, & 68 | Park: ¶¶ 133-135)].
As to dependent claim 5, Oguma-Park further shows:
when duration of displaying the first banner notification is greater than or equal to first duration, canceling, by the terminal device, display of the first banner notification; or when total duration of displaying the first banner notification and the second banner notification is greater than or equal to the first duration, canceling, by the terminal device, display of the second banner notification [when/if a duration of displaying either the first or the expanded/second notification meets or exceeds a given threshold, the corresponding banner may be hidden (Oguma: ¶¶ 43, 49, 52, 55, & 73 | Park: ¶¶ 146-147)].
As to dependent claim 6, Oguma-Park further shows:
wherein the displaying, by the terminal device, the second interface after displaying the second banner notification on the first interface, when the terminal device detects that the gaze point is in the first region comprises:
displaying, by the terminal device, the second banner notification on the first interface when the terminal device detects that duration in which the gaze point is in the first region is greater than or equal to second duration [the second banner notification on the first interface may be displayed when/if the terminal device detects that duration in which the gaze point is in the first region is greater than or equal to second duration (Oguma: fig. 4B; ¶ 51 | Park: ¶¶ 133-135)]; and
after the terminal device displays the second banner notification, displaying, by the terminal device, the second interface when the terminal device detects that duration in which the gaze point is in the second region is greater than or equal to seventh duration [after the terminal device displays the second banner notification, the second interface may be displayed when/if the terminal device detects that duration in which the gaze point is in the second region is greater than or equal to a given/“seventh” duration (Oguma: ¶¶ 43, 47, & 68 | Park: ¶¶ 133-135)].
As to dependent claim 8, Oguma-Park further shows:
wherein the displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region comprises: displaying, by the terminal device, the second banner notification on the first interface when the first switch is on, the second switch is off, the first banner notification is allowed to be expanded, and the terminal device detects that the gaze point is in the first region [the second/expanded banner notification may be displayed on the first interface when/if the functionality to expand the first banner notification when it is detected that the gaze point is in the first region (visualized via Park’s switches) is turned on, the functionality to open the first application when it is detected that the gaze point is in the first region or a second region (visualized via Park’s switches) is turned off, the first banner notification is allowed to be expanded, and the terminal device detects that the gaze point is in the first region (Oguma: fig. 4B; ¶ 51 | Park: ¶¶ 133-135)].
As to dependent claim 9, Oguma-Park further shows:
wherein the displaying, by the terminal device, the second banner notification on the first interface when the terminal device detects that the gaze point is in the first region comprises: displaying, by the terminal device, the second banner notification on the first interface when the terminal device detects that the duration in which the gaze point is in the first region is greater than or equal to the second duration [the second banner notification may be displayed on the first interface when/if the terminal device detects that the duration in which the gaze point is in the first region is greater than or equal to the second duration (Oguma: fig. 4B; ¶ 51 | Park: ¶¶ 133-135)].
As to dependent claim 10, Oguma-Park further shows:
wherein the displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region comprises: displaying, by the terminal device, the second interface when the terminal device determines that a preset condition is met and the terminal device detects that the gaze point is in the first region, wherein the preset condition comprises: that the first switch is off, the second switch is on, and the first banner notification is allowed to be expanded; or that the first switch is on, the second switch is on, and the first banner notification is not allowed to be expanded; or that the first switch is off, the second switch is on, and the first banner notification is not allowed to be expanded [the second interface may be displayed when/if the terminal device determines that the functionality to expand the first banner notification when it is detected that the gaze point is in the first region (visualized via Park’s switches) is turned on or off, the functionality to open the first application when it is detected that the gaze point is in the first region or a second region (visualized via Park’s switches) is turned on, and before and after the first banner notification is allowed or not to be expanded (Oguma: ¶¶ 43, 47, & 68 | Park: ¶¶ 133-135)].
As to dependent claim 11, Oguma-Park further shows:
wherein the displaying, by the terminal device, the second interface when the terminal device detects that the gaze point is in the first region comprises: displaying, by the terminal device, the second interface when the terminal device detects that the duration in which the gaze point is in the first region is greater than or equal to eighth duration [the second interface may be displayed when/if the terminal device detects that the duration in which the gaze point is in the first region is greater than or equal to eighth duration (Oguma: ¶¶ 43, 47, & 68 | Park: ¶¶ 133-135)].
As to dependent claim 13, Oguma-Park further shows:
displaying, by the terminal device, the gaze cursor on the first interface when the terminal device detects that the gaze point is in a preset region, wherein the preset region comprises the first region, the preset region is ⅓ of the display, and the gaze cursor is used to indicate the position of the gaze point on the display [Park shows displaying, by the terminal device, a gaze cursor on the first interface when the terminal device detects that the gaze point is in a preset region (Park: ¶ 68), wherein the preset region comprises any user desired region (including the first region and/or the non-functional design choice of ⅓ of the display | Oguma: fig. 4B; ¶¶ 43, 47, 51, & 68 | Park: ¶¶ 133-136), and the gaze cursor is used to indicate the position of the gaze point on the display (Park: ¶ 68)].
As to dependent claim 14, Oguma-Park further shows:
wherein a third switch is disposed in the terminal device, the third switch is configured to enable or disable display of the gaze cursor [a third switch is disposed in the terminal device that is configured to enable or disable display of the gaze cursor (Park: fig. 12B; ¶ 141)], and
the displaying, by the terminal device, the gaze cursor on the first interface when the terminal device detects that the gaze point is in a preset region comprises: when the terminal device detects that the gaze point is in the preset region and the third switch is on, displaying, by the terminal device, the gaze cursor on the first interface [Given the combination set forth above, it would have been obvious to display Park’s gaze cursor when the terminal device detects that the gaze point is in the preset region (Oguma: fig. 4B; ¶¶ 43, 47, 51, & 68) and the third switch is on (Park: fig. 12B; ¶ 141).].
As to dependent claim 15, Oguma-Park further shows:
canceling, by the terminal device, display of the gaze cursor when the terminal device detects that the gaze point is not in the preset region or duration in which the gaze point leaves the first region or the second region is greater than or equal to sixth duration [The display of Park’s gaze cursor focused on Oguma’s regions would have been reasonably canceled/hidden when the terminal device detects that the gaze point is not in the preset region or duration in which the gaze point leaves the first region or the second region is greater than or equal to sixth duration (Oguma: ¶¶ 43, 49, 52, 55, & 73 | Park: ¶¶ 41-42, 146-147].
As to dependent claim 16, Oguma-Park further shows:
when the terminal device determines that a preset function is not enabled and receives a third banner notification for a first time, displaying, by the terminal device, a third interface, wherein the third interface comprises the third banner notification and a first control used to enable the preset function [a third interface comprising a third banner notification and a first control (which may or may not have an intended use to enable the preset function) may be displayed when/if the terminal device determines that a preset function is not enabled and the third banner notification is received for a first time (Oguma: ¶¶ 43, 47, & 51)]; and
displaying, by the terminal device, a fourth interface in response to an operation on the first control, wherein the fourth interface comprises an identifier used to indicate that the preset function is not enabled [a fourth interface comprising an identifier (which may or may not have an intended use to provide non-functional descriptive material which may or may not indicate that the preset function is not enabled) may be displayed in response to an operation on the first control (Oguma: ¶¶ 43, 47, 51, & 68)].
As to dependent claim 17, Oguma-Park further shows:
wherein after the displaying, by the terminal device, a third interface, the method further comprises: displaying, by the terminal device, a fifth interface when the terminal device receives a first operation on the third interface, wherein the fifth interface is an interface corresponding to a notification center of the terminal device, and the fifth interface comprises the first control and information used to indicate a recommendation to enable the preset function [a fifth interface, which a) may subjectively be assessed by an ordinarily skilled artisan as “corresponding” to “a notification center” of the terminal device, and b) comprises the first control and information (which may or may not have an intended use to provide non-functional descriptive material which may or may not indicate a recommendation to enable the preset function), may be displayed when/if the terminal device receives a first operation on the third interface (Oguma: ¶¶ 43, 47, 51, & 68 | Park: ¶¶ 133-135)].
Claims 7 and 12 are rejected under 35 U.S.C. § 103 as being unpatentable over Oguma and Park in further view of Klein et al. (US Patent Application Pub. No. 2020/0272231, hereinafter “Klein”).
As to dependent claim 7, Oguma-Park further shows :
wherein the seventh duration comprises third duration and fifth duration, the first interface further comprises a gaze cursor, and the gaze cursor is used to indicate a position of the gaze point on a display {…} and further displaying the second interface [Oguma-Park shows some preliminary (third and fifth) duration calculations while the expanded/second banner notification is gazed at and some corresponding dynamic functionalities before the second interface is ultimately displayed (see Oguma: ¶¶ 43, 47, 51-58, & 68). Park also shows that it “may display a mouse cursor in real time in response to the movement of the point of a user's eye gaze. Further, a user interface for controlling the display based on the point of eye gaze may be displayed.” (Park: ¶ 68).],
Nonetheless, Oguma-Park does not appear to explicitly recite the recited “progress bar” aspects as apparently intended. In an analogous art, Klein shows:
the first interface further comprises a gaze cursor, and the gaze cursor is used to indicate a position of the gaze point on a display [“The gaze of the operator in the environment may be indicated in some manner, such as via a visual cursor that shows the location of the operator's gaze in the environment. {…}” (Klein: ¶ 19)]; and
the displaying, by the terminal device, the second interface when the terminal device detects that duration in which the gaze point is in the second region is greater than or equal to seventh duration comprises: when the terminal device detects that the duration in which the gaze point is in the second region is greater than or equal to the third duration, displaying, by the terminal device, a first progress bar at a start position on an outer side of the gaze cursor [“{…} visual and/or auditory indications of a gaze selection in progress may be provided to the operator, along with a visual and/or auditory indication when the selection is complete. {…}
In some examples, the selection in progress is not considered to begin immediately upon the operator's gaze entering the selection area. For example, when the operator's gaze first enters the selection area, the gaze dwell timer may begin, but the gaze may be considered hovering over the selection area, with no visual or auditory indication of a selection in progress being made when the operator's gaze first enters the selection area. However, when the gaze dwell timer reaches halfway to expiration, a selection in progress may be indicated, with the corresponding visual and auditory indications being provided. In these examples, by not indicating a selection in progress immediately upon the operator's gaze entering a selection area in these examples, the operator need not be distracted or annoyed by a selection beginning when the operator's gaze is merely moving through the selection area on the way to some other location, or happens to be momentarily hovering in the selection area for some other reason.” (Klein: ¶¶ 21-22)
“FIG. 7 at time 723 shows an example of Next Step button 781 after gaze cursor 775 has entered Next Step button 781 and remained there for a particular portion of the gaze dwell timer, such as half of the gaze dwell timer in some examples, thus initiating a select-in-progress of Next Step button 781. In some examples, the gaze dwell timer is two seconds, and the select-in-progress begins when the gaze dwell timer reaches one second.
When there is a select-in-progress of Next Step button 781, as shown in FIG. 7 at time 723, the select-in-progress may be indicated visually and auditorily. In some examples, the select-in-progress may be indicated by a visual fill of Next Step button 781, as shown in FIG. 7 at time 723. In some examples, the fill may a horizontal fill that begins from the left-hand side of Next Step button 781, in a different color than Next Step button 781 itself, proceeding from left-to-right, with the percentage of Next Step button 781 filled indicating the percentage toward completion of the select-in-progress. In the example shown in FIG. 7, the entire area of Next Step button 781 is the gaze selection area corresponding to the selection of the selectable option “Next Step.”” (Klein: ¶¶ 132-133)
“The visual fill indicating the select-in-progress on the button or other gaze selection area may also be indicated visually in different ways in different examples. For examples, the fill may be show as a thin bar fill, full button fill, radial fill, linear fill, matte fill, vertical fill, horizontal fill, edge fill, tab fill, based on gaze fill target zones, and/or the like in various examples. The buttons may be of various shapes, and the gaze selection area may be the buttons themselves, or some other suitable gaze selection area.” (Klein: ¶ 141)]; and
after the terminal device displays the first progress bar at the start position, when the terminal device detects that the duration in which the gaze point is in the second region is greater than or equal to the fifth duration, displaying, by the terminal device, the first progress bar at an end position on an outer side of the gaze point, and further displaying the second interface [“{…} visual and/or auditory indications of a gaze selection in progress may be provided to the operator, along with a visual and/or auditory indication when the selection is complete. {…}” (Klein: ¶ 21)
“{…} the item is selected when the selection box is filled, which occurs if the gaze remains in the selection box for the entirety of the dwell timer, with the filling box providing the user with a visual display of the dwell timer. {…}” (Klein: ¶ 81)
“FIG. 7 at time 724 shows an example of Next Step button 781 after gaze cursor 775 has remained in Next Step button 781 through expiration of the gaze dwell timer. At this point, in some examples, the fill completely covers Next Step button 781, which may act as a visual indication of the selection being completed, and an auditory indication that selection is complete, such as a click sound, may also occur. At this point, in some examples, Next Step button 781 has been selected/clicked, and the next instruction card in sequence for the current guide is then provided in response to Next Step button 781 being selected.” (Klein: ¶ 134)].
One of ordinary skill in the art, having the teachings of Oguma, Park, and Klein before them prior to the effective filing date of the claimed invention, would have been motivated to incorporate Klein’s gaze cursor-related progress bar techniques into the Oguma-Park combination. The rationale for doing so would have been to improve the user experience by more intuitively “provid[ing] the operator with feedback as to the duration of gaze and how much time is left for a selection action via gaze to be completed” (Klein: ¶ 64). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Oguma, Park, and Klein in order to obtain the invention as recited in claim 7.
As to dependent claim 12, Oguma-Park further shows:
wherein the eighth duration comprises fourth duration and the fifth duration, the first interface further comprises the gaze cursor, and the gaze cursor is used to indicate the position of the gaze point on the display {…} and further displaying the second interface [Oguma-Park shows some preliminary (fourth and fifth) duration calculations while the first region is gazed at and some corresponding dynamic functionalities before the second interface is ultimately displayed (see Oguma: ¶¶ 43, 47, 51-58, & 68). Park also shows that it “may display a mouse cursor in real time in response to the movement of the point of a user's eye gaze. Further, a user interface for controlling the display based on the point of eye gaze may be displayed.” (Park: ¶ 68).].
Nonetheless, Oguma-Park does not appear to explicitly recite the recited “progress bar” aspects as apparently intended. In an analogous art, Klein shows:
the first interface further comprises the gaze cursor, and the gaze cursor is used to indicate the position of the gaze point on the display [“The gaze of the operator in the environment may be indicated in some manner, such as via a visual cursor that shows the location of the operator's gaze in the environment. {…}” (Klein: ¶ 19)]; and
the displaying, by the terminal device, the second interface when the terminal device detects that the duration in which the gaze point is in the first region is greater than or equal to eighth duration comprises: when the terminal device detects that the duration in which the gaze point is in the first region is greater than or equal to the fourth duration, displaying, by the terminal device, a second progress bar at a start position on the outer side of the gaze cursor [“{…} visual and/or auditory indications of a gaze selection in progress may be provided to the operator, along with a visual and/or auditory indication when the selection is complete. {…}
In some examples, the selection in progress is not considered to begin immediately upon the operator's gaze entering the selection area. For example, when the operator's gaze first enters the selection area, the gaze dwell timer may begin, but the gaze may be considered hovering over the selection area, with no visual or auditory indication of a selection in progress being made when the operator's gaze first enters the selection area. However, when the gaze dwell timer reaches halfway to expiration, a selection in progress may be indicated, with the corresponding visual and auditory indications being provided. In these examples, by not indicating a selection in progress immediately upon the operator's gaze entering a selection area in these examples, the operator need not be distracted or annoyed by a selection beginning when the operator's gaze is merely moving through the selection area on the way to some other location, or happens to be momentarily hovering in the selection area for some other reason.” (Klein: ¶¶ 21-22)
“FIG. 7 at time 723 shows an example of Next Step button 781 after gaze cursor 775 has entered Next Step button 781 and remained there for a particular portion of the gaze dwell timer, such as half of the gaze dwell timer in some examples, thus initiating a select-in-progress of Next Step button 781. In some examples, the gaze dwell timer is two seconds, and the select-in-progress begins when the gaze dwell timer reaches one second.
When there is a select-in-progress of Next Step button 781, as shown in FIG. 7 at time 723, the select-in-progress may be indicated visually and auditorily. In some examples, the select-in-progress may be indicated by a visual fill of Next Step button 781, as shown in FIG. 7 at time 723. In some examples, the fill may a horizontal fill that begins from the left-hand side of Next Step button 781, in a different color than Next Step button 781 itself, proceeding from left-to-right, with the percentage of Next Step button 781 filled indicating the percentage toward completion of the select-in-progress. In the example shown in FIG. 7, the entire area of Next Step button 781 is the gaze selection area corresponding to the selection of the selectable option “Next Step.”” (Klein: ¶¶ 132-133)
“The visual fill indicating the select-in-progress on the button or other gaze selection area may also be indicated visually in different ways in different examples. For examples, the fill may be show as a thin bar fill, full button fill, radial fill, linear fill, matte fill, vertical fill, horizontal fill, edge fill, tab fill, based on gaze fill target zones, and/or the like in various examples. The buttons may be of various shapes, and the gaze selection area may be the buttons themselves, or some other suitable gaze selection area.” (Klein: ¶ 141)]; and
after the terminal device displays the second progress bar at the start position, when the terminal device detects that the duration in which the gaze point is in the first region is greater than or equal to the fifth duration, displaying, by the terminal device, the second progress bar at an end position on an outer side of the gaze cursor, and further displaying the second interface [“{…} visual and/or auditory indications of a gaze selection in progress may be provided to the operator, along with a visual and/or auditory indication when the selection is complete. {…}” (Klein: ¶ 21)
“{…} the item is selected when the selection box is filled, which occurs if the gaze remains in the selection box for the entirety of the dwell timer, with the filling box providing the user with a visual display of the dwell timer. {…}” (Klein: ¶ 81)
“FIG. 7 at time 724 shows an example of Next Step button 781 after gaze cursor 775 has remained in Next Step button 781 through expiration of the gaze dwell timer. At this point, in some examples, the fill completely covers Next Step button 781, which may act as a visual indication of the selection being completed, and an auditory indication that selection is complete, such as a click sound, may also occur. At this point, in some examples, Next Step button 781 has been selected/clicked, and the next instruction card in sequence for the current guide is then provided in response to Next Step button 781 being selected.” (Klein: ¶ 134)].
One of ordinary skill in the art, having the teachings of Oguma, Park, and Klein before them prior to the effective filing date of the claimed invention, would have been motivated to incorporate Klein’s gaze cursor-related progress bar techniques into the Oguma-Park combination. The rationale for doing so would have been to improve the user experience by more intuitively “provid[ing] the operator with feedback as to the duration of gaze and how much time is left for a selection action via gaze to be completed” (Klein: ¶ 64). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Oguma, Park, and Klein in order to obtain the invention as recited in claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Applicants are required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
Inventor
Document ID
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STAUBER; Matan et al.
US 20230094522 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
Dascola; Jonathan R. et al.
US 20220214743 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
George-Svahn; Erland
US 20170235360 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
George-Svahn; Erland et al.
US 20170090566 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
George-Svahn; Erland et al.
US 20160109947 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
Maltz; Gregory A.
US 20160004306 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
Maltz; Gregory A.
US 20150323990 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
Maltz; Gregory A.
US 20120019662 A1
“displaying, by the terminal device, a second banner notification on the first interface when the terminal device detects that a gaze point is in the first region, wherein the second banner notification is the expanded first banner notification, and message content in the second banner notification is more than message content in the first banner notification; or displaying, by the terminal device, a second interface when the terminal device detects that a gaze point is in the first region, wherein the second interface is a displayed interface of the first application, and the second interface comprises message content in the second banner notification;”
It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVARO R CALDERON IV whose telephone number is (571) 272-1818. The examiner can normally be reached on Monday - Friday (8:30am - 5pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached on (571) 272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVARO R CALDERON IV/
Examiner, Art Unit 2171
/KIEU D VU/Supervisory Patent Examiner, Art Unit 2171