Prosecution Insights
Last updated: October 25, 2026
Application No. 18/798,101

Adaptive Progressions Through Content

Non-Final OA §103§DOUBLEPATENT
Filed
Aug 08, 2024
Priority
Oct 14, 2019 — continuation of 11/237,716 +1 more
Examiner
HOANG, AMY P
Art Unit
Tech Center
Assignee
Sling Tv
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
177 granted / 246 resolved
+12.0% vs TC avg
Strong +65% interview lift
Without
With
+65.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
273
Total Applications
across all art units

Statute-Specific Performance

§101
16.6%
-23.4% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 246 resolved cases

Office Action

§103 §DOUBLEPATENT
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 responsive to the application filed on 08/08/2024. Claims 1-20 are presented in the case. Claims 1 and 17 are independent claims. Priority Applicant's claim for the benefit of a U.S. Patent Number 11,237,716 filed on October 14, 2019 is acknowledged. Information Disclosure Statement The information disclosure statement submitted on 08/08/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 1 and 17 are objected to because of the following informalities: Claim 1 recites ‘twor’; however, it should recite ‘capacitive’. Claim 17 recites ‘capactive’; however, it should recite ‘two’. Appropriate correction is required. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12086401. In the table below, the left side is parts of claims 1-20 in the current application while the right side is the claims and text that conflict with the parts of claims 1-18. 18/798,101 (Present application) US Patent 12086401B2 1. A device, configured to facilitate user adaptive progressions through twor or more non-displayed segments of a given content, comprising: an input-output device; wherein the input-output device is coupled to a display device and an user input device; wherein the user input device includes a touchpad; a storage device non-transitorily storing first computer instructions for instantiating a progression controller engine; a processor, coupled to the input-output device and the storage device, configured to execute the first computer instructions and instantiate the progression controller engine; wherein the progression controller engine configures the device to perform operations including: logically segmenting the touchpad of the user input device into an array having multiple array sectors including a first array sector and a second array sector; wherein each of the array sectors is uniquely defined by a given combination of a first index value (M) and a second index value (N); defining two or more contiguous array sectors as a given array sector range; defining a first combination of a first rate of progression of a user input motion relative to the given array sector range as a first progression type (T1); receiving, on the touchpad, a detected first user input motion; wherein the detected first user input motion corresponds to a desired rate of progression through two or more non-displayed segments of the given content; wherein the desired rate of progression corresponds to T1; and wherein the detected first user input motion corresponds to the given array sector range; and determining, based on the detected first user input motion, whether T1 corresponds to the desired rate of progression through the two or more non-displayed segments of the given content. 1. A process, for facilitating user adaptive progressions through two or more non-displayed segments of a given content, comprising: logically segmenting a touchpad of a user input device into an array having multiple array sectors including a first array sector and a second array sector; wherein each of the array sectors is uniquely defined by a given combination of a first index value M and a second index value N; defining two or more contiguous array sectors as a given array sector range; defining a first combination of a first rate of progression of a user input motion relative to the given array sector range as a first progression type; defining a second combination of a second rate of progression of the user input motion relative to the given array sector range as a second progression type; receiving, on the touchpad, a detected first user input motion; wherein the detected first user input motion corresponds to a desired rate of progression through the two or more non-displayed segments of the given content; wherein the desired rate of progression corresponds to one of the first progression type and the second progression type; and wherein the detected first user input motion corresponds to the given array sector range; and determining, based on the detected first user input motion, whether the first progression type or the second progression type corresponds to the desired rate of progression through the two or more non-displayed segments of the given content. 2. The device of claim 1, wherein the T1 is a power function of a scaled content duration. 2. The process of claim 1, wherein the first progression type is a power function of a scaled content duration. 3. The device of claim 1, wherein T1 is a power function of a scaled content duration remaining (gL) between a current location (C) in the content and an end location (E) for the given content; wherein (g) is a duration scaling factor determined based on experimental results; and wherein (L) is a content duration remaining, for the given content, between C and E. 3. The process of claim 1, wherein the first progression type is a power function of a scaled content duration remaining gL between a current location C in the given content and an end location E for the given content; wherein g is a duration scaling factor determined based on experimental results; and wherein L is a content duration remaining between the current location C and the end location E. 4. The device of claim 3, wherein the power function is: T1=F(gL)P wherein (F) is a scaling constant; and wherein (P) is a power constant. 4. The process of claim 3, wherein the first progression type is a function of a scaling constant and the scaled content duration remaining gL raised to a power constant P. 5. The device of claim 1, further comprising: executing a slow scrub progression through the given content when the detected first user input motion occurs within a first area defined by: a first velocity threshold upper limit; and a first array sector range. 5. The process of claim 4, further comprising: executing a slow scrub progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a first area defined by: a first velocity threshold VT1 upper limit; and a first array sector range AS1. 6. The device of claim 1, further comprising: decelerating a progression through the given content from a first intermediate location (I) to a determined location (D); and wherein the decelerating occurs based on two or more deceleration factors (Q). 6. The process of claim 1, further comprising: decelerating a progression through the two or more non-displayed segments of the given content from a first intermediate location to a determined location D; and wherein the decelerating occurs based on two or more deceleration factors Q. 7. The device of claim 6, wherein Q is determined based on an arc tangent curve. 7. The process of claim 6, wherein the two or more deceleration factors Q are determined based on an arc tangent curve. 8. The device of claim 7, further comprising: executing a slow scrub progression through the given content when the detected first user input motion occurs within a first area defined by: a first velocity threshold upper limit; and a first array sector range. 8. The process of claim 1, further comprising: executing a slow scrub progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a first area defined by: a first velocity threshold upper limit; and a first array sector range. 9. The device of claim 1, further comprising: executing a fast scrub progression through the given content when the detected first user input motion occurs within a second area defined by: a second velocity threshold upper limit; and a second array sector range. 9. The process of claim 1, further comprising: executing a fast scrub progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a second area defined by: a second velocity threshold upper limit; and a second array sector range. 10. The device of claim 1, further comprising: executing a slow swipe scrub progression through the content when the detected first user input motion occurs within a third area defined by: a third velocity threshold upper limit; and a third array sector range. 10. The process of claim 1, further comprising: executing a slow swipe scrub progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a third area defined by: a third velocity threshold upper limit; and a third array sector range. 11. The device of claim 1, further comprising: executing a fast swipe progression through the content when the detected first user input motion occurs within a fourth area defined by: a fourth velocity threshold upper limit; and a fourth array sector range. 11. The process of claim 1, further comprising: executing a fast swipe progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a fourth area defined by: a fourth velocity threshold upper limit; and a fourth array sector range. 12. The device of claim 1, wherein T1 is a function of: T1=F(gL)−R wherein (F) is a scaling constant; wherein (R) is an adjustment content; and wherein (gL) is a scaled content duration remaining. 12. The process of claim 1, wherein the first progression type is a function of an adjustment content R subtracted from a product of a scaled content duration remaining gL and a scaling constant F. 13. The device of claim 1, further comprising: progressing through the content to an intermediate location (I); and wherein I=C+Z wherein (C) is a current location; and wherein (Z) is a step size. 13. The process of claim 1, further comprising: progressing through the two or more non-displayed segments of the given content to an intermediate location I; and wherein the intermediate location I is a function of a current location C and a step size Z. 14. The device of claim 13, wherein |Z|=S+Ve gL wherein(S) is a shift factor; wherein (V) is a velocity factor; and wherein (gL) is a scaled content duration remaining. 14. The process of claim 13, wherein the step size Z is a function of a shift factor S plus a velocity factor V exponentially raised to a power based on a scaled content duration remaining gL. 15. The device of claim 14, wherein a first shift factor (S1) and a first velocity factor (V1) are used for a slow scrub progression; wherein a second shift factor (S2) and a second velocity factor (V2) are used for a fast scrub progression; wherein a third shift factor (S3) and a third velocity factor (V3) are used for a slow swipe progression; and wherein a fourth shift factor (S4) and a fourth velocity factor (V4) are used for a fast swipe progression. 15. The process of claim 14, wherein a first shift factor S1 and a first velocity factor V1 are used for a slow scrub progression through the two or more non-displayed segments of the given content; wherein a second shift factor S2 and a second velocity factor V2 are used for a fast scrub progression through the two or more non-displayed segments of the given content; wherein a third shift factor S3 and a third velocity factor V3 are used for a slow swipe progression through the two or more non-displayed segments of the given content; and wherein a fourth shift factor S4 and a fourth velocity factor V4 are used for a fast swipe progression through the two or more non-displayed segments of the given content. 16. The device of claim 15, wherein at least one of the first shift factor, the second shift factor, the third shift factor and the fourth shift factor has a unique value; and wherein at least one of the first velocity factor, the second velocity factor, the third velocity factor and the fourth velocity factor has a unique value. 16. The process of claim 15, wherein at least one of the first shift factor, the second shift factor, the third shift factor and the fourth shift factor has a unique value; and wherein at least one of the first velocity factor, the second velocity factor, the third velocity factor and the fourth velocity factor has a unique value. 17. A user control device configured to facilitate adaptive progressions through a given content comprising: a capactive touch surface; wherein the capactive touch surface includes an array of multiple sectors; wherein the capactive touch surface is configured to detect a user motion across the capacitive touch surface; and a processor coupled to the capactive touch surface; a display coupled the processor; a storage device, coupled to the processor, non-transitorily storing first computer instructions; wherein the first computer instructions, when executed by the processor, configure the user control device: receive, from the capactive touch surface, a detected first user input motion; wherein the detected first user input motion corresponds to a desired rate of progression through the given content; and wherein the detected first user input motion corresponds to an array sector range of the capactive touch surface; determine, based on the detected first user input motion, a first progression type which corresponds to the desired rate of progression through the given content; execute a slow scrub progression through the given content when the detected first user input motion occurs within a first area of the capactive touch surface defined by: a first velocity threshold VT1 upper limit; and a first array sector range AS1; execute a fast scrub progression through the given content when the detected first user input motion occurs within a second area of the capactive touch surface defined by: a second velocity threshold upper limit; and a second array sector range; execute a slow swipe scrub progression through the given content when the detected first user input motion occurs within a third area of the capactive touch surface defined by: a third velocity threshold upper limit; and a third array sector range; and execute a fast swipe progression through the given content when the detected first user input motion occurs within a fourth area of the capactive touch surface defined by: a fourth velocity threshold upper limit; and a fourth array sector range. 17. A non-transient computer readable medium storing computer instructions which, when executed by a processor, cause an electronic device to perform operations, the operations comprising: logically segmenting a touchpad of the electronic device into an array having multiple array sectors including a first array sector and a second array sector; wherein each of the array sectors is uniquely defined by a given combination of a first index value M and a second index value N; defining two or more contiguous array sectors as a given array sector range; defining a first combination of a first rate of progression of a user input motion relative to the given array sector range as a first progression type; defining a second combination of a second rate of progression of the user input motion relative to the given array sector range as a second progression type; receiving, on the touchpad, a detected first user input motion; wherein the detected first user input motion corresponds to a desired rate of progression through two or more non-displayed segments of a given content; and wherein the detected first user input motion corresponds to the given array sector range and a progression of the user input motion along the given array sector range of the touchpad of the electronic device; determining, based on the detected first user input motion, whether the first progression type or the second progression type, which corresponds to the desired rate of progression through the two or more non-displayed segments of the given content; executing a slow scrub progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a first area of the multiple array sectors defined by: a first velocity threshold VT1 upper limit; and a first array sector range AS1; executing a fast scrub progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a second area of the multiple array sectors defined by: a second velocity threshold upper limit; and a second array sector range; executing a slow swipe scrub progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a third area of the multiple array sectors defined by: a third velocity threshold upper limit; and a third array sector range; executing a fast swipe progression through the two or more non-displayed segments of the given content when the detected first user input motion occurs within a fourth area of the multiple array sectors defined by: a fourth velocity threshold upper limit; and a fourth array sector range. 18. The user control device of claim 17, wherein the first computer instructions configure the user control device to progress through the content to an intermediate location (I); and wherein I is a function of a current location and a step size. 18. The non-transient computer readable medium of claim 17, wherein the operations further comprise: progressing through the two or more non-displayed segments of the given content to an intermediate location I; and wherein the intermediate location I is a function of a current location C and a step size Z. 19. The user control device of claim 18, wherein the first computer instructions configure the user control device to decelerate a progression through the given content from I to a determined location (D); and wherein the decelerating occurs based on two or more deceleration factors (Q). 6. The process of claim 1, further comprising: decelerating a progression through the two or more non-displayed segments of the given content from a first intermediate location to a determined location D; and wherein the decelerating occurs based on two or more deceleration factors Q. 20. The user control device of claim 17, wherein the first progression type (T1) is defined as a power function: T1=F(gL)P wherein (F) is a scaling constant; and wherein (P) is a power constant. 4. The process of claim 3, wherein the first progression type is a function of a scaling constant and the scaled content duration remaining gL raised to a power constant P. Although the claims at issue are not identical, they are not patentably distinct from each other. Claims 1-20 are rejected under obviousness double patenting because claims 1-20 are anticipated by claims 1-18 of US Patent No. 12086401. 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Penha et al. (hereinafter Penha), US 20160370982 A1, in view of LEMAY et al. (hereinafter LEMAY), 20220004311 A1. Regarding independent claim 1, Penha teaches a device, configured to facilitate user adaptive progressions through twor or more non-displayed segments of a given content (Fig. 3; [0148]; [0006]), comprising: an input-output device (Fig. 3, 330; [0148]); wherein the input-output device is coupled to a display device (Fig. 3, 340; [0148]; Fig. 5A, 450; [0189]; Figs. 5R-5Z, 450; [0211]) and an user input device (Fig. 3, 355; [0148]; Fig. 5A, 5001; [0189]; Figs. 5R-5Z, 5001; [0211]); wherein the user input device includes a touchpad (Fig. 3, 355; [0148]; Fig. 5A, 451; [0189]; Figs. 5R-5Z, 451; [0211]); a storage device non-transitorily storing first computer instructions for instantiating a progression controller engine (Fig. 3, 370; [0148]-[0149]); a processor, coupled to the input-output device and the storage device, configured to execute the first computer instructions and instantiate the progression controller engine (Fig. 3, 310; [0148]); wherein the progression controller engine configures the device to perform operations including: logically segmenting the touchpad of the user input device into an array having multiple array sectors including a first array sector and a second array sector ([0211] FIGS. 5R-5U illustrate that a movement of contact 5408 from location 5408-a to 5408-d is detected on touch-sensitive surface 451); wherein each of the array sectors is uniquely defined by a given combination of a first index value (M) and a second index value (N) (Fig. 5R; [0211]); defining two or more contiguous array sectors as a given array sector range (Fig. 5R, 5200; [0212] In FIGS. 5R-5T, the movement of contact 5408 is also illustrated using distance grid 5200, which shows a threshold distance at which the current focus moves to a next icon (e.g., a movement of contact 5408 from initial location 5201-a to threshold location 5201-d initiates moving the current focus from a current icon to an adjacent icon); defining a first combination of a first rate of progression of a user input motion relative to the given array sector range as a first progression type (T1) ([0074] Contact/motion module 130 optionally detects contact with touch-sensitive display system 112 (in conjunction with display controller 156) and other touch-sensitive devices (e.g., a touchpad or physical click wheel). Contact/motion module 130 includes various software components for performing various operations related to detection of contact (e.g., by a finger or by a stylus), such as determining if contact has occurred (e.g., detecting a finger-down event), determining an intensity of the contact (e.g., the force or pressure of the contact or a substitute for the force or pressure of the contact), determining if there is movement of the contact and tracking the movement across the touch-sensitive surface (e.g., detecting one or more finger-dragging events), and determining if the contact has ceased (e.g., detecting a finger-up event or a break in contact). Contact/motion module 130 receives contact data from the touch-sensitive surface. Determining movement of the point of contact, which is represented by a series of contact data, optionally includes determining speed (magnitude), velocity (magnitude and direction), and/or an acceleration (a change in magnitude and/or direction) of the point of contact. These operations are, optionally, applied to single contacts (e.g., one finger contacts or stylus contacts) or to multiple simultaneous contacts (e.g., “multitouch”/multiple finger contacts). In some embodiments, contact/motion module 130 and display controller 156 detect contact on a touchpad; [0075] Contact/motion module 130 optionally detects a gesture input by a user. Different gestures on the touch-sensitive surface have different contact patterns (e.g., different motions, timings, and/or intensities of detected contacts). Thus, a gesture is, optionally, detected by detecting a particular contact pattern. For example, detecting a finger tap gesture includes detecting a finger-down event followed by detecting a finger-up (lift off) event at the same position (or substantially the same position) as the finger-down event (e.g., at the position of an icon). As another example, detecting a finger swipe gesture on the touch-sensitive surface includes detecting a finger-down event followed by detecting one or more finger-dragging events, and subsequently followed by detecting a finger-up (lift off) event. Similarly, tap, swipe, drag, and other gestures are optionally detected for a stylus by detecting a particular contact pattern for the stylus); receiving, on the touchpad, a detected first user input motion ([0211] FIGS. 5R-5U illustrate that a movement of contact 5408 from location 5408-a to 5408-d is detected on touch-sensitive surface 451). Penha does not explicitly teach wherein the detected first user input motion corresponds to a desired rate of progression through two or more non-displayed segments of the given content; wherein the desired rate of progression corresponds to T1; and wherein the detected first user input motion corresponds to the given array sector range; and determining, based on the detected first user input motion, whether T1 corresponds to the desired rate of progression through the two or more non-displayed segments of the given content. However, in the same field of endeavor, LEMAY teaches wherein the detected first user input motion corresponds to a desired rate of progression through two or more non-displayed segments of the given content; wherein the desired rate of progression corresponds to T1 ([0132] FIG. 4 illustrates an exemplary user interface on a device (e.g., device 300, FIG. 3) with a touch-sensitive surface 451 (e.g., a tablet or touchpad 355, FIG. 3) that is separate from the display 450 (e.g., touch screen display 112); [0133] the touch sensitive surface (e.g., 451 in FIG. 4) has a primary axis (e.g., 452 in FIG. 4) that corresponds to a primary axis (e.g., 453 in FIG. 4) on the display (e.g., 450). In accordance with these embodiments, the device detects contacts (e.g., 460 and 462 in FIG. 4) with the touch-sensitive surface 451 at locations that correspond to respective locations on the display (e.g., in FIG. 4, 460 corresponds to 468 and 462 corresponds to 470). In this way, user inputs (e.g., contacts 460 and 462, and movements thereof) detected by the device on the touch-sensitive surface (e.g., 451 in FIG. 4) are used by the device to manipulate the user interface on the display (e.g., 450 in FIG. 4) of the multifunction device when the touch-sensitive surface is separate from the display; [0152] In FIG. 6F, input for scrubbing backward through the content item is detected at touch-sensitive surface 451. For example, a swipe of contact 603 from right to left is detected on touch-sensitive surface 451, as illustrated in FIG. 6F. In response, the current playback position in the content item is moved backward in accordance with the detected swipe; [0153] In FIG. 6G, input for scrubbing forward through the content item is detected at touch-sensitive surface 451. For example, a swipe of contact 603 from left to right is detected on touch-sensitive surface 451, as illustrated in FIG. 6G. In response, the current playback position in the content item is moved forward in accordance with the detected swipe); and wherein the detected first user input motion corresponds to the given array sector range ([0168] In some embodiments, rather than being selectable as a result of navigating current selection cursor 628 to them, the actions accessible from touch-sensitive surface 451 are associated with and selectable from corresponding regions on touch-sensitive surface 451. This is illustrated in FIGS. 6X-6Z. In FIG. 6X, touch-sensitive surface 451 includes a plurality of predefined regions 630. One or more of the predefined regions 630 correspond to actions accessible from touch-sensitive surface 451, as will be described below. Scrubber bar 606 is displayed on display 514. While scrubber bar 606 is displayed, an input requesting display of visual indications of the actions accessible from touch-sensitive surface 451 is detected. For example, contact 603, which corresponds to a finger detected on touch-sensitive surface 451, is detected with less movement than a movement threshold (e.g., 0.5 or 1 mm), with less force than a force threshold (e.g., a tap and hold, not a click and hold), and for longer than a time threshold (e.g., 0.5, 1 or 2 seconds). In response, visual indications 622, 624 and 626 are displayed on display 514, as described with reference to FIG. 6U. In some embodiments, contact 603 must be detected in a particular region (e.g., region 630e) of touch-sensitive surface 451 to cause the display of visual indications 622, 624 and 626; otherwise, visual indications 622, 624 and 626 are not displayed); and determining, based on the detected first user input motion, whether T1 corresponds to the desired rate of progression through the two or more non-displayed segments of the given content ([0169] In the examples of FIGS. 6X-6Z, the actions associated with visual indications 622, 624 and 626 are associated with corresponding regions on touch-sensitive surface 451, such that selection of a particular region on touch-sensitive surface 451 selects and causes performance of a particular action corresponding to that selected region on touch-sensitive surface. For example, looking at FIG. 6X, region 630d corresponds to visual indication 622, and consequently a reverse skip action; region 630b corresponds to visual indication 624, and consequently a play action (or, a pause action, if the content item were playing rather than paused); and region 630f corresponds to visual indication 626, and consequently a forward skip action. As such, selection (e.g., a click) of region 630d causes a backward skip through the content item, selection (e.g., a click) of region 630b causes the content item to start playing, and selection (e.g., a click) of region 630f causes a forward skip through the content item; [0170] A contact detected in one of regions 630d, 630b and 630f causes the corresponding visual indication to be highlighted (e.g., have the current selection) to indicate to a user of the electronic device that selection (e.g., clicking) of the region that the user is touching will cause performance of the action corresponding to the highlighted visual indication, as illustrated in FIG. 6Y. Specifically, in FIG. 6Y, contact 603 has moved from region 630e to region 630d on touch-sensitive surface. As a result, visual indication 622 becomes highlighted (e.g., has the current selection), as indicated by dashed box 628. In FIG. 6Z, a click of touch-sensitive surface 451 has been detected while contact 603 is in region 630d. As a result, the current playback position has been moved backward in the content item, and scrubber bar 606 (and its associated elements, such as playhead 608, playback time indication 612, etc.) is updated as described with reference to FIG. 6W. Visual indications 624 and 626 are analogously highlighted and/or selected as a result of detection of contact 603 in regions 630b and 630f, respectively, and/or clicking of touch-sensitive surface 451). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of detecting different contact patterns such as different regions, motions, timings, and/or intensities of detected contacts on the touch-sensitive surface from a gesture input by a user on a touch pad to navigate through content as suggested in LEMAY into Penha’s system because both of these systems are addressing controlling navigation and playback of media content. This modification would have been motivated by the desire for enhancing user interaction with a device to access to content to improve the user's experience with the device and decreases user interaction time (LEMAY, [0004]). Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY as applied in claim 1, further in view of Zhai, US 6856326 B1. Regarding dependent claim 2, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach wherein the T1 is a power function of a scaled content duration. However, in the same field of endeavor, Zhai teaches wherein the T1 is a power function of a scaled content duration (Col 9, lines 45-57 In the first segment (0901), the output increases proportionally to the input, in an accelerated non-linear fashion. For example, the relationship can be a power function e=K×fl′ where1<=Ps <=3, K=constant. The output value in this Segment corresponds to low Scrolling Speed, and typically ranges from 0 to around 20 lines per Second in many preferred embodiments). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of the output increasing proportionally to the input, in an accelerated non-linear fashion as suggested in Zhai into Penha and LEMAY’s system because both of these systems are addressing controlling navigation and playback of media content. This modification would have been motivated by the desire to significantly improve the interaction between the user and the information being displayed by the graphical user interface (Zhai, Col 2, lines 24-26). Regarding dependent claim 12, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach wherein T1 is a function of: T1=F(gL)−R wherein (F) is a scaling constant; wherein (R) is an adjustment content; and wherein (gL) is a scaled content duration remaining. However, in the same field of endeavor, Zhai teaches wherein T1 is a function of: T1=F(gL)−R wherein (F) is a scaling constant; wherein (R) is an adjustment content; and wherein (gL) is a scaled content duration remaining (Col 10, lines 14-23 The overall sensitivity of scrolling may in many preferred embodiments be adjusted by the user through the use of a Microsoft® Windows™ Control Panel or equivalent user preference settings adjustment method (0910) as illustrated in FIG. 9. The effect of this adjustment (0911) is to compress or expand the transfer function (0900) illustrated in FIG. 9 along the horizontal axes). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of the adjustment of the content as suggested in Zhai into Penha and LEMAY’s system because both of these systems are addressing controlling navigation and playback of media content. This modification would have been motivated by the desire to significantly improve the interaction between the user and the information being displayed by the graphical user interface (Zhai, Col 2, lines 24-26). Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY as applied in claim 1, further in view of Martin, US 20150026575 A1. Regarding dependent claim 3, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach wherein T1 is a power function of a scaled content duration remaining (gL) between a current location (C) in the content and an end location (E) for the given content; wherein (g) is a duration scaling factor determined based on experimental results; and wherein (L) is a content duration remaining, for the given content, between C and E. However, in the same field of endeavor, Martin teaches wherein T1 is a power function of a scaled content duration remaining (gL) between a current location (C) in the content and an end location (E) for the given content; wherein (g) is a duration scaling factor determined based on experimental results; and wherein (L) is a content duration remaining, for the given content, between C and E ([0083]-[0102] According to the present embodiment, the transfer function is defined as a piecewise polynomial function. In particular, a first polynomial function is defined between 0 and p0, and a second is defined between p0 and L. The functions used are as follows: PNG media_image1.png 103 446 media_image1.png Greyscale At the end of scrubbing (before the cursor is released), the new time index is determined as t1=t(p1). After the cursor is released, an updated cursor position is computed according to the linear calculation: p2=(L.t1/D). This is illustrated in FIG. 4. The arrow 410 indicates the distance that the user drags the cursor, from its starting position p0 to the new selected position p1. The video player will navigate to the corresponding time index t1. The arrow 420 indicates the "snap-back" operation, wherein the video player updates the displayed position of the cursor to p2, according to the linear transfer function). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of defining a transfer function that associates a plurality of positions along the line or curve with respective elements of a sequence within a media item as a polynomial expression as suggested in Martin into Penha and LEMAY’s system because both of these systems are addressing a method and apparatus for user-controlled navigation within a media item. This modification would have been motivated by the desire to provide a precise navigation in media items (Martin, [0008]). Regarding dependent claim 13, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach further comprising: progressing through the content to an intermediate location (I); and wherein I=C+Z wherein (C) is a current location; and wherein (Z) is a step size. However, in the same field of endeavor, Martin teaches progressing through the content to an intermediate location (I); and wherein I=C+Z wherein (C) is a current location; and wherein (Z) is a step size ([0100] PNG media_image1.png 103 446 media_image1.png Greyscale Fig. 6; [0104] The navigation (scrubbing) within the video begins in step 610. In step 620, the user touches the cursor 40. At this stage, the value of p0 is initialised with the current (that is initial) position of the cursor (step 660). The user then moves (drags) the cursor along the progress bar 30 (step 630). For each new cursor position p, the corresponding time index t(p) is calculated in step 670, using equation (3)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of defining a transfer function that associates a plurality of positions along the line or curve with respective elements of a sequence within a media item as a polynomial expression as suggested in Martin into Penha and LEMAY’s system because both of these systems are addressing a method and apparatus for user-controlled navigation within a media item. Claims 4 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY, in view of Martin, further in view of Zhai. Regarding dependent claim 4, the combination of Penha, LEMAY and Martin teaches all the limitations as set forth in the rejection of claim 3 that is incorporated. The combination of Penha, LEMAY and Martin does not explicitly teach wherein the power function is: T1=F(gL)P wherein (F) is a scaling constant; and wherein (P) is a power constant. However, in the same field of endeavor, Zhai teaches wherein the power function is: T1=F(gL)P wherein (F) is a scaling constant; and wherein (P) is a power constant (Col 9, lines 45-57 In the first segment (0901), the output increases proportionally to the input, in an accelerated non-linear fashion. For example, the relationship can be a power function e=K×fl′ where1<=Ps <=3, K=constant. The output value in this Segment corresponds to low Scrolling Speed, and typically ranges from 0 to around 20 lines per Second in many preferred embodiments). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of the output increasing proportionally to the input, in an accelerated non-linear fashion as suggested in Zhai into Penha, LEMAY and Martin’s system because both of these systems are addressing controlling navigation and playback of media content. This modification would have been motivated by the desire to significantly improve the interaction between the user and the information being displayed by the graphical user interface (Zhai, Col 2, lines 24-26). Regarding dependent claim 14, the combination of Penha, LEMAY and Martin teaches all the limitations as set forth in the rejection of claim 13 that is incorporated. Martin teaches wherein(S) is a shift factor; wherein (V) is a velocity factor ([0006] A known method to overcome these limitations is to apply a scaling factor, which changes the sensitivity of the cursor based on the vertical position of the finger on the touch-display. In that case, the new time index will be calculated from the position of the cursor as follows, where v is the vertical position factor: PNG media_image2.png 45 91 media_image2.png Greyscale ). The combination of Penha, LEMAY and Martin does not explicitly teach wherein |Z|=S+Ve gL wherein (gL) is a scaled content duration remaining. However, in the same field of endeavor, Zhai teaches wherein |Z|=S+Ve gL wherein (gL) is a scaled content duration remaining (Col 10, lines 24-29 As an illustrative example, in many preferred embodiments the (f) value (0904) illustrated in FIG. 9 is multiplied by a sensitivity factor (K) (that typically ranges from 0.25 to 4). When (K) is greater then 1 the scrolling becomes more sensitive. When K is less than 1, the scrolling becomes less sensitive). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of the output increasing proportionally to the input, in an accelerated non-linear fashion as suggested in Zhai into Penha, LEMAY and Martin’s system because both of these systems are addressing controlling navigation and playback of media content. This modification would have been motivated by the desire to significantly improve the interaction between the user and the information being displayed by the graphical user interface (Zhai, Col 2, lines 24-26). Regarding dependent claim 15, the combination of Penha, LEMAY, Martin and Zhai teaches all the limitations as set forth in the rejection of claim 14 that is incorporated. Martin teaches wherein a first shift factor (S1) and a first velocity factor (V1) are used for a slow scrub progression ([0006] A known method to overcome these limitations is to apply a scaling factor, which changes the sensitivity of the cursor based on the vertical position of the finger on the touch-display. In that case, the new time index will be calculated from the position of the cursor as follows, where v is the vertical position factor: PNG media_image2.png 45 91 media_image2.png Greyscale ); wherein a second shift factor (S2) and a second velocity factor (V2) are used for a fast scrub progression ([0006] A known method to overcome these limitations is to apply a scaling factor, which changes the sensitivity of the cursor based on the vertical position of the finger on the touch-display. In that case, the new time index will be calculated from the position of the cursor as follows, where v is the vertical position factor: PNG media_image2.png 45 91 media_image2.png Greyscale ); wherein a third shift factor (S3) and a third velocity factor (V3) are used for a slow swipe progression ([0006] A known method to overcome these limitations is to apply a scaling factor, which changes the sensitivity of the cursor based on the vertical position of the finger on the touch-display. In that case, the new time index will be calculated from the position of the cursor as follows, where v is the vertical position factor: PNG media_image2.png 45 91 media_image2.png Greyscale ); and wherein a fourth shift factor (S4) and a fourth velocity factor (V4) are used for a fast swipe progression ([0006] A known method to overcome these limitations is to apply a scaling factor, which changes the sensitivity of the cursor based on the vertical position of the finger on the touch-display. In that case, the new time index will be calculated from the position of the cursor as follows, where v is the vertical position factor: PNG media_image2.png 45 91 media_image2.png Greyscale ). Regarding dependent claim 16, the combination of Penha, LEMAY, Martin and Zhai teaches all the limitations as set forth in the rejection of claim 15 that is incorporated. Zhai teaches wherein at least one of the first shift factor, the second shift factor, the third shift factor and the fourth shift factor has a unique value (Col 10, lines 24-29 As an illustrative example, in many preferred embodiments the (f) value (0904) illustrated in FIG. 9 is multiplied by a sensitivity factor (K) (that typically ranges from 0.25 to 4); and wherein at least one of the first velocity factor, the second velocity factor, the third velocity factor and the fourth velocity factor has a unique value ([0006] A known method to overcome these limitations is to apply a scaling factor, which changes the sensitivity of the cursor based on the vertical position of the finger on the touch-display). Claims 5-6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY as applied in claim 1, further in view of Sutton, US 20150253961 A1. Regarding dependent claim 5, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach further comprising: executing a slow scrub progression through the given content when the detected first user input motion occurs within a first area defined by: a first velocity threshold upper limit; and a first array sector range. However, in the same field of endeavor, Sutton teaches executing a slow scrub progression through the given content when the detected first user input motion occurs within a first area defined by: a first velocity threshold upper limit ([0103] it may be desirable to determine a speed of a movement portion of a scrub input); and a first array sector range (Fig. 6; [0105] At block 606, the apparatus determines whether the speed of the movement portion of the scrub input is less than a frame skipping speed threshold. The determination, the speed, and the frame skipping speed threshold may be similar as described regarding FIGS. 4A-4D. If the apparatus determines that the speed of the movement portion of the scrub input is less than the frame skipping speed threshold, flow proceeds to block 608. If the apparatus determines that the speed of the movement portion of the scrub input is greater than the frame skipping speed threshold, flow proceeds to block 612). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of executing a slow scrub progression through the content as suggested in Sutton into Penha and LEMAY’s system because both of these systems are directed to varying scroll rates to access desired data. This modification would have been motivated by the desire to provide a technique for traversing frames of video data which would improve similar devices. Regarding dependent claim 6, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach further comprising: decelerating a progression through the given content from a first intermediate location (I) to a determined location (D); and wherein the decelerating occurs based on two or more deceleration factors (Q). However, in the same field of endeavor, Sutton teaches decelerating a progression through the given content from a first intermediate location (I) to a determined location (D) (Fig. 6, 606, 608; [0107] Examiner’s note: The speed slows to a termination point from a first location at which point the received information for a scrub input is determined in step 604. The flowchart especially at steps 608 and 606 convey that multiple factors being determined leads to the step 610 at which point deceleration occurs); and wherein the decelerating occurs based on two or more deceleration factors (Q) (Fig. 6, 606, 608; [0107] Examiner’s note: The speed slows to a termination point from a first location at which point the received information for a scrub input is determined in step 604. The flowchart especially at steps 608 and 606 convey that multiple factors being determined leads to the step 610 at which point deceleration occurs). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of decelerating a progression through the content from a first intermediate location to a determined location D and wherein the decelerating occurs based on two or more deceleration factors Q as suggested in Sutton into Penha and LEMAY’s system because both of these systems are directed to varying scroll rates to access desired data. This modification would have been motivated by the desire to provide a technique for traversing frames of video data which would improve similar devices. Regarding dependent claim 9, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach further comprising: executing a fast scrub progression through the given content when the detected first user input motion occurs within a second area defined by: a second velocity threshold upper limit; and a second array sector range. However, in the same field of endeavor, Sutton teaches executing a fast scrub progression through the given content when the detected first user input motion occurs within a second area defined by: a second velocity threshold upper limit (Fig. 6; [0103] it may be desirable to determine a speed of a movement portion of a scrub input); and a second array sector range ([0105] At block 606, the apparatus determines whether the speed of the movement portion of the scrub input is less than a frame skipping speed threshold. The determination, the speed, and the frame skipping speed threshold may be similar as described regarding FIGS. 4A-4D. If the apparatus determines that the speed of the movement portion of the scrub input is less than the frame skipping speed threshold, flow proceeds to block 608. If the apparatus determines that the speed of the movement portion of the scrub input is greater than the frame skipping speed threshold, flow proceeds to block 612. The input is based on an upper threshold limit that surpasses the frame skipping threshold and covers a sector array range that includes the entire video information and traversal of non-adjacent frames). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of executing a fast scrub progression through the content as suggested in Sutton into Penha and LEMAY’s system because both of these systems are directed to varying scroll rates to access desired data. This modification would have been motivated by the desire to provide a technique for traversing frames of video data which would improve similar devices. Regarding dependent claim 10, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach further comprising: executing a slow swipe scrub progression through the content when the detected first user input motion occurs within a third area defined by: a third velocity threshold upper limit; and a third array sector range. However, in the same field of endeavor, Sutton teaches executing a slow swipe scrub progression through the content when the detected first user input motion occurs within a third area defined by: a third velocity threshold upper limit (Figs. 4A-4D; [0074]); and a third array sector range ([0075] A user’s dragging a finger from right to left can reverse the advance of display of progression of frames. The third area being the reverse direction from right to left which represents a third array sector range that represents a range of frames going backwards). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of executing a slow swipe progression through the content as suggested in Sutton into Penha and LEMAY’s system because both of these systems are directed to varying scroll rates to access desired data. This modification would have been motivated by the desire to provide a technique for traversing frames of video data which would improve similar devices. Regarding dependent claim 11, the combination of Penha and LEMAY teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha and LEMAY does not explicitly teach further comprising: executing a fast swipe progression through the content when the detected first user input motion occurs within a fourth area defined by: a fourth velocity threshold upper limit; and a fourth array sector range. However, in the same field of endeavor, Sutton teaches executing a fast swipe progression through the content when the detected first user input motion occurs within a fourth area defined by: a fourth velocity threshold upper limit (Figs. 4A-4D; [0073]); and a fourth array sector range ([0076] The fourth area can include left to right, up to down, and a fourth velocity threshold upper limit which is associated with rapid navigation associated with fast forward or playback). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of executing a fast swipe progression through the content when the first user input motion occurs within a fourth area defined by a fourth velocity threshold upper limit and a fourth array sector range as suggested in Sutton into Penha and LEMAY’s system because both of these systems are directed to varying scroll rates to access desired data. This modification would have been motivated by the desire to provide a technique for traversing frames of video data which would improve similar devices. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY, further in view of Sutton. Regarding independent claim 17, Penha teaches a user control device configured to facilitate adaptive progressions through a given content (Fig. 3, 355; [0148]; Fig. 5A, 5001; [0189]; Figs. 5R-5Z, 5001; [0211]) comprising: a capactive touch surface (Fig. 3, 355; [0148]; Fig. 5A, 451; [0189]; Figs. 5R-5Z, 451; [0211]); wherein the capactive touch surface includes an array of multiple sectors ([0211] FIGS. 5R-5U illustrate that a movement of contact 5408 from location 5408-a to 5408-d is detected on touch-sensitive surface 451); wherein the capactive touch surface is configured to detect a user motion across the capacitive touch surface ([0211] FIGS. 5R-5U illustrate that a movement of contact 5408 from location 5408-a to 5408-d is detected on touch-sensitive surface 451); and a processor coupled to the capactive touch surface (Fig. 3, 310; [0148]); a display coupled the processor (Fig. 3, 340; [0148]; Fig. 5A, 450; [0189]; Figs. 5R-5Z, 450; [0211]); a storage device, coupled to the processor, non-transitorily storing first computer instructions (Fig. 3, 370; [0148]-[0149]); wherein the first computer instructions, when executed by the processor, configure the user control device: receive, from the capactive touch surface, a detected first user input motion ([0211] FIGS. 5R-5U illustrate that a movement of contact 5408 from location 5408-a to 5408-d is detected on touch-sensitive surface 451); Penha does not explicitly teach wherein the detected first user input motion corresponds to a desired rate of progression through the given content; and wherein the detected first user input motion corresponds to an array sector range of the capactive touch surface; determine, based on the detected first user input motion, a first progression type which corresponds to the desired rate of progression through the given content; execute a slow scrub progression through the given content when the detected first user input motion occurs within a first area of the capactive touch surface defined by: a first velocity threshold VT1 upper limit; and a first array sector range AS1; execute a fast scrub progression through the given content when the detected first user input motion occurs within a second area of the capactive touch surface defined by: a second velocity threshold upper limit; and a second array sector range; execute a slow swipe scrub progression through the given content when the detected first user input motion occurs within a third area of the capactive touch surface defined by: a third velocity threshold upper limit; and a third array sector range; and execute a fast swipe progression through the given content when the detected first user input motion occurs within a fourth area of the capactive touch surface defined by: a fourth velocity threshold upper limit; and a fourth array sector range. However, in the same field of endeavor, LEMAY teaches wherein the detected first user input motion corresponds to a desired rate of progression through the given content ([0132] FIG. 4 illustrates an exemplary user interface on a device (e.g., device 300, FIG. 3) with a touch-sensitive surface 451 (e.g., a tablet or touchpad 355, FIG. 3) that is separate from the display 450 (e.g., touch screen display 112); [0133] the touch sensitive surface (e.g., 451 in FIG. 4) has a primary axis (e.g., 452 in FIG. 4) that corresponds to a primary axis (e.g., 453 in FIG. 4) on the display (e.g., 450). In accordance with these embodiments, the device detects contacts (e.g., 460 and 462 in FIG. 4) with the touch-sensitive surface 451 at locations that correspond to respective locations on the display (e.g., in FIG. 4, 460 corresponds to 468 and 462 corresponds to 470). In this way, user inputs (e.g., contacts 460 and 462, and movements thereof) detected by the device on the touch-sensitive surface (e.g., 451 in FIG. 4) are used by the device to manipulate the user interface on the display (e.g., 450 in FIG. 4) of the multifunction device when the touch-sensitive surface is separate from the display; [0152] In FIG. 6F, input for scrubbing backward through the content item is detected at touch-sensitive surface 451. For example, a swipe of contact 603 from right to left is detected on touch-sensitive surface 451, as illustrated in FIG. 6F. In response, the current playback position in the content item is moved backward in accordance with the detected swipe; [0153] In FIG. 6G, input for scrubbing forward through the content item is detected at touch-sensitive surface 451. For example, a swipe of contact 603 from left to right is detected on touch-sensitive surface 451, as illustrated in FIG. 6G. In response, the current playback position in the content item is moved forward in accordance with the detected swipe); and wherein the detected first user input motion corresponds to an array sector range of the capactive touch surface ([0168] In some embodiments, rather than being selectable as a result of navigating current selection cursor 628 to them, the actions accessible from touch-sensitive surface 451 are associated with and selectable from corresponding regions on touch-sensitive surface 451. This is illustrated in FIGS. 6X-6Z. In FIG. 6X, touch-sensitive surface 451 includes a plurality of predefined regions 630. One or more of the predefined regions 630 correspond to actions accessible from touch-sensitive surface 451, as will be described below. Scrubber bar 606 is displayed on display 514. While scrubber bar 606 is displayed, an input requesting display of visual indications of the actions accessible from touch-sensitive surface 451 is detected. For example, contact 603, which corresponds to a finger detected on touch-sensitive surface 451, is detected with less movement than a movement threshold (e.g., 0.5 or 1 mm), with less force than a force threshold (e.g., a tap and hold, not a click and hold), and for longer than a time threshold (e.g., 0.5, 1 or 2 seconds). In response, visual indications 622, 624 and 626 are displayed on display 514, as described with reference to FIG. 6U. In some embodiments, contact 603 must be detected in a particular region (e.g., region 630e) of touch-sensitive surface 451 to cause the display of visual indications 622, 624 and 626; otherwise, visual indications 622, 624 and 626 are not displayed); determine, based on the detected first user input motion, a first progression type which corresponds to the desired rate of progression through the given content ([0169] In the examples of FIGS. 6X-6Z, the actions associated with visual indications 622, 624 and 626 are associated with corresponding regions on touch-sensitive surface 451, such that selection of a particular region on touch-sensitive surface 451 selects and causes performance of a particular action corresponding to that selected region on touch-sensitive surface. For example, looking at FIG. 6X, region 630d corresponds to visual indication 622, and consequently a reverse skip action; region 630b corresponds to visual indication 624, and consequently a play action (or, a pause action, if the content item were playing rather than paused); and region 630f corresponds to visual indication 626, and consequently a forward skip action. As such, selection (e.g., a click) of region 630d causes a backward skip through the content item, selection (e.g., a click) of region 630b causes the content item to start playing, and selection (e.g., a click) of region 630f causes a forward skip through the content item; [0170] A contact detected in one of regions 630d, 630b and 630f causes the corresponding visual indication to be highlighted (e.g., have the current selection) to indicate to a user of the electronic device that selection (e.g., clicking) of the region that the user is touching will cause performance of the action corresponding to the highlighted visual indication, as illustrated in FIG. 6Y. Specifically, in FIG. 6Y, contact 603 has moved from region 630e to region 630d on touch-sensitive surface. As a result, visual indication 622 becomes highlighted (e.g., has the current selection), as indicated by dashed box 628. In FIG. 6Z, a click of touch-sensitive surface 451 has been detected while contact 603 is in region 630d. As a result, the current playback position has been moved backward in the content item, and scrubber bar 606 (and its associated elements, such as playhead 608, playback time indication 612, etc.) is updated as described with reference to FIG. 6W. Visual indications 624 and 626 are analogously highlighted and/or selected as a result of detection of contact 603 in regions 630b and 630f, respectively, and/or clicking of touch-sensitive surface 451). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of detecting different contact patterns such as different regions, motions, timings, and/or intensities of detected contacts on the touch-sensitive surface from a gesture input by a user on a touch pad to navigate through content as suggested in LEMAY into Penha’s system because both of these systems are addressing controlling navigation and playback of media content. This modification would have been motivated by the desire for enhancing user interaction with a device to access to content to improve the user's experience with the device and decreases user interaction time (LEMAY, [0004]). The combination of Penha and LEMAY does not explicitly teach execute a slow scrub progression through the given content when the detected first user input motion occurs within a first area of the capactive touch surface defined by: a first velocity threshold VT1 upper limit; and a first array sector range AS1; execute a fast scrub progression through the given content when the detected first user input motion occurs within a second area of the capactive touch surface defined by: a second velocity threshold upper limit; and a second array sector range; execute a slow swipe scrub progression through the given content when the detected first user input motion occurs within a third area of the capactive touch surface defined by: a third velocity threshold upper limit; and a third array sector range; and execute a fast swipe progression through the given content when the detected first user input motion occurs within a fourth area of the capactive touch surface defined by: a fourth velocity threshold upper limit; and a fourth array sector range. However, in the same field of endeavor, Sutton teaches execute a slow scrub progression through the given content when the detected first user input motion occurs within a first area of the capactive touch surface defined by: a first velocity threshold VT1 upper limit ([0103] it may be desirable to determine a speed of a movement portion of a scrub input); and a first array sector range AS1 (Fig. 6; [0105] At block 606, the apparatus determines whether the speed of the movement portion of the scrub input is less than a frame skipping speed threshold. The determination, the speed, and the frame skipping speed threshold may be similar as described regarding FIGS. 4A-4D. If the apparatus determines that the speed of the movement portion of the scrub input is less than the frame skipping speed threshold, flow proceeds to block 608. If the apparatus determines that the speed of the movement portion of the scrub input is greater than the frame skipping speed threshold, flow proceeds to block 612); execute a fast scrub progression through the given content when the detected first user input motion occurs within a second area of the capactive touch surface defined by: a second velocity threshold upper limit (Fig. 6; [0103] it may be desirable to determine a speed of a movement portion of a scrub input); and a second array sector range ([0105] At block 606, the apparatus determines whether the speed of the movement portion of the scrub input is less than a frame skipping speed threshold. The determination, the speed, and the frame skipping speed threshold may be similar as described regarding FIGS. 4A-4D. If the apparatus determines that the speed of the movement portion of the scrub input is less than the frame skipping speed threshold, flow proceeds to block 608. If the apparatus determines that the speed of the movement portion of the scrub input is greater than the frame skipping speed threshold, flow proceeds to block 612. The input is based on an upper threshold limit that surpasses the frame skipping threshold and covers a sector array range that includes the entire video information and traversal of non-adjacent frames); execute a slow swipe scrub progression through the given content when the detected first user input motion occurs within a third area of the capactive touch surface defined by: a third velocity threshold upper limit (Figs. 4A-4D; [0074]); and a third array sector range ([0075] A user’s dragging a finger from right to left can reverse the advance of display of progression of frames. The third area being the reverse direction from right to left which represents a third array sector range that represents a range of frames going backwards); and execute a fast swipe progression through the given content when the detected first user input motion occurs within a fourth area of the capactive touch surface defined by: a fourth velocity threshold upper limit (Figs. 4A-4D; [0073]); and a fourth array sector range ([0076] The fourth area can include left to right, up to down, and a fourth velocity threshold upper limit which is associated with rapid navigation associated with fast forward or playback). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of performing different speed scrub progression through the content as suggested in Sutton into Penha and LEMAY’s system because both of these systems are directed to varying scroll rates to access desired data. This modification would have been motivated by the desire to provide a technique for traversing frames of video data which would improve similar devices. Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY, in view of Sutton as applied in claim 17, further in view Martin. Regarding dependent claim 18, the combination of Penha, LEMAY and Sutton teaches all the limitations as set forth in the rejection of claim 1 that is incorporated. The combination of Penha, LEMAY and Sutton does not explicitly teach wherein the first computer instructions configure the user control device to progress through the content to an intermediate location (I); and wherein I is a function of a current location and a step size. However, in the same field of endeavor, Martin teaches wherein the first computer instructions configure the user control device to progress through the content to an intermediate location (I); and wherein I is a function of a current location and a step size ([0100] PNG media_image1.png 103 446 media_image1.png Greyscale Fig. 6; [0104] The navigation (scrubbing) within the video begins in step 610. In step 620, the user touches the cursor 40. At this stage, the value of p0 is initialised with the current (that is initial) position of the cursor (step 660). The user then moves (drags) the cursor along the progress bar 30 (step 630). For each new cursor position p, the corresponding time index t(p) is calculated in step 670, using equation (3)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of defining a transfer function that associates a plurality of positions along the line or curve with respective elements of a sequence within a media item as a polynomial expression as suggested in Martin into Penha, LEMAY and Sutton’s system because both of these systems are addressing a method and apparatus for user-controlled navigation within a media item. Regarding dependent claim 19, the combination of Penha, LEMAY, Sutton and Martin teaches all the limitations as set forth in the rejection of claim 18 that is incorporated. Sutton teaches wherein the first computer instructions configure the user control device to decelerate a progression through the given content from I to a determined location (D) (Fig. 6, 606, 608; [0107] Examiner’s note: The speed slows to a termination point from a first location at which point the received information for a scrub input is determined n step 604. The flowchart especially at steps 608 and 606 convey that multiple factors being determined leads to the step 610 at which point deceleration occurs); and wherein the decelerating occurs based on two or more deceleration factors (Q) (Fig. 6, 606, 608; [0107] Examiner’s note: The speed slows to a termination point from a first location at which point the received information for a scrub input is determined in step 604. The flowchart especially at steps 608 and 606 convey that multiple factors being determined leads to the step 610 at which point deceleration occurs). Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY, in view of Sutton as applied in claim 6, further in view Huang, US 2015/0363906 A1. Regarding dependent claim 7, the combination of Penha, LEMAY and Sutton teaches all the limitations as set forth in the rejection of claim 6 that is incorporated. The combination of Penha, LEMAY and Sutton does not explicitly teach wherein Q is determined based on an arc tangent curve. However, in the same field of endeavor, Huang discloses wherein Q is determined based on an arc tangent curve (Fig. 6; [0122] Step S1151: constructing a scalar field of the image to be restored according to the salient curves; [0123] In this embodiment, the scalar field of the image to be restored may be constructed by following formula: PNG media_image3.png 61 282 media_image3.png Greyscale [0124]-[0125] Where n is the number of the salient curves, r is any point in the space, ej is the starting point of the curve j, aj is a projection of r on the outward closely tangent arc of the curve j at the starting point, and σ1 is a control parameter which is 0.05 by default). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of the deceleration factor is determined based on an arc tangent curve as suggested in Huang into Penha, LEMAY and Sutton’s system because both of these systems are addressing processing content. This modification would have been motivated by the desire to increase the processing accuracy (Huang, [0006]). Regarding dependent claim 8, the combination of Penha, LEMAY, Sutton and Huang teaches all the limitations as set forth in the rejection of claim 7 that is incorporated. Sutton further teaches further comprising: executing a slow scrub progression through the given content when the detected first user input motion occurs within a first area defined by: a first velocity threshold upper limit ([0103] it may be desirable to determine a speed of a movement portion of a scrub input); and a first array sector range (Fig. 6; [0105] At block 606, the apparatus determines whether the speed of the movement portion of the scrub input is less than a frame skipping speed threshold. The determination, the speed, and the frame skipping speed threshold may be similar as described regarding FIGS. 4A-4D. If the apparatus determines that the speed of the movement portion of the scrub input is less than the frame skipping speed threshold, flow proceeds to block 608. If the apparatus determines that the speed of the movement portion of the scrub input is greater than the frame skipping speed threshold, flow proceeds to block 612). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Penha, in view of LEMAY, in view of Sutton as applied in claim 17, further in view of Zhai. Regarding dependent claim 20, the combination of Penha, LEMAY and Sutton teaches all the limitations as set forth in the rejection of claim 17 that is incorporated. The combination of Penha, LEMAY and Sutton does not explicitly teach wherein the first progression type (T1) is defined as a power function:T1=F(gL)P wherein (F) is a scaling constant; and wherein (P) is a power constant. However, in the same field of endeavor, Zhai teaches wherein the first progression type (T1) is defined as a power function:T1=F(gL)P wherein (F) is a scaling constant; and wherein (P) is a power constant (Col 9, lines 45-57 In the first segment (0901), the output increases proportionally to the input, in an accelerated non-linear fashion. For example, the relationship can be a power function e=K×fl′ where1<=Ps <=3, K=constant. The output value in this Segment corresponds to low Scrolling Speed, and typically ranges from 0 to around 20 lines per Second in many preferred embodiments). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of the output increasing proportionally to the input, in an accelerated non-linear fashion as suggested in Zhai into Penha, LEMAY and Zhai’s system because both of these systems are addressing controlling navigation and playback of media content. This modification would have been motivated by the desire to significantly improve the interaction between the user and the information being displayed by the graphical user interface (Zhai, Col 2, lines 24-26). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action. Ludwig et al. (US 7309829 B1) discloses creating rich timbre performance, composition, and recording environments for an electronic musical instrument with multiple vibrating elements providing multi-channel output. 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 AMY P HOANG whose telephone number is (469)295-9134. The examiner can normally be reached M-TH 8:30-5:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JENNIFER WELCH can be reached at 571-272-7212. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AMY P HOANG/Examiner, Art Unit 2143 /JENNIFER N WELCH/Supervisory Patent Examiner, Art Unit 2143
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Prosecution Timeline

Aug 08, 2024
Application Filed
Oct 05, 2026
Non-Final Rejection mailed — §103, §DOUBLEPATENT (current)

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1-2
Expected OA Rounds
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99%
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3y 1m (~11m remaining)
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