DETAILED ACTION
Status of the Application
A preliminary amendment was filed on February 11, 2026, in which claims 1-6 were cancelled, and claims 7-23 added. Claims 7-23 are pending and currently under consideration for patentability under 37 CFR 1.104.
Priority
The instant application has a filing date of December 30, 2024. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. The instant application is a national phase under 35 U.S.C. 371 of PCT International Application No. JP2023/024508, filed on June 30, 2023, and claims for the benefit of a prior-filed foreign application number 2022/108894 (JP) filed on July 6, 2022. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 30, 2024 has been considered by the examiner. Abstracts only were provided for the cited foreign patent documents, and therefore only the abstracts were considered.
Subject Matter Eligibility
Similar to the claims recited in Enfish, LLC v. Microsoft Corp. and DDR Holdings, LLC v. Hotels.com et al., the character of the instant claims as whole, when interpreted in view of the specification, is directed to an improvement(s) in a computer-related technology as opposed to an “abstract idea”. The focus of the claims is on the specific asserted improvement of improving the video output quality depending on the application being executed (e.g., video/movie application, game application) at a processing device (e.g., gaming device) regardless of a user’s ALLM setting at the device. Specifically, the processing device is programmed to override a user’s ALLM setting of “off” when an application being executed requires variable refresh rate to ensure latency is given priority without requiring the user to manually change their ALLM setting to ON. The improvement here is defined by logical structures and processes, rather than particular physical features.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
v Claims 14-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by “How to enable Xbox One Auto Low Latency Mode (ALLM)” (Brown, Matt; published on April 24, 2018 at https://www.windowscentral.com/hardware/dell/8-reasons-the-xps-13-is-designed-to-fit-student-life-from-lectures-to-late-night-study-sessions )
With respect to claim 14, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches an information processing device that is connected to a video output machine and that outputs video signals to the video output machine (the Xbox One console connected to TV monitor is an information processing device that is connected to a video output machine and that outputs video signals to the video output machine ), the information processing device comprising:
a processor; and (Xbox one console comprises a processor),
a storage section, (Xbox one console comprises a memory as the ALLM capability “has been added via a firmware update”),
wherein the processor is configured to receive a setting of an automatic low latency mode and hold the setting in the storage section, (see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s on/off setting for ALLM and setting stored in consoles memory)
execute an application, and (Xbox One game console can execute/play a game in which case it executes a gaming application)
control the automatic low latency mode according to the setting of the automatic low latency mode held in the storage section, when the video signals are to be outputted with fixed refresh rate according to a process of the application being executed (“When ALLM is enabled, your display's settings can be automatically configured to provide the best experience for specific content. On Xbox One this ensures consistent visuals across different content types while reducing gaming latency” see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s on/off setting for VRR and setting stored in consoles memory) and therefore the XBOX controls the automatic low latency mode according to the setting of the automatic low latency mode held in the storage section (i.e. according to the user’s selection) when the video signals are to be outputted with fixed refresh rate according to a process of the application being executed (e.g., when playing non-gaming content) - Examiner notes Applicant acknowledges this is how ALLM is designed to operate – and this is the HDMI 2.1a standard))
With respect to claim 15, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches the device of claim 14:
wherein the processor is further configured to determine whether the video signals are to be outputted with variable or fixed refresh rate according to the process of the application being executed (“When ALLM is enabled, your display's settings can be automatically configured to provide the best experience for specific content. On Xbox One this ensures consistent visuals across different content types while reducing gaming latency” see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s on/off setting for VRR and setting stored in consoles memory) and therefore the XBOX determines whether the video signals are to be outputted with variable or fixed refresh rate according to the process of the application being executed (e.g., when playing non-gaming content such as movies or gaming content) - Examiner notes Applicant acknowledges this is how ALLM is designed to operate – and this is the HDMI 2.1a standard))
With respect to claim 16, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches the device of claim 14:
wherein the processor is further configured to determine whether the application requires a variable or fixed refresh rate output of video signals wherein the processor control the automatic low latency mode according to the setting of the automatic low latency mode held in the storage section, when the application requires fixed refresh rate output (“When ALLM is enabled, your display's settings can be automatically configured to provide the best experience for specific content. On Xbox One this ensures consistent visuals across different content types while reducing gaming latency” see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s on/off setting for VRR and setting stored in consoles memory) and therefore the XBOX determine whether the application requires a variable or fixed refresh rate output of video signals and wherein the processor control the automatic low latency mode according to the setting of the automatic low latency mode held in the storage section, when the application requires fixed refresh rate output (e.g., when playing non-gaming content such as movies or gaming content, gaming-VRR) - Examiner notes Applicant acknowledges this is how ALLM and gaming -VRR is designed to operate in [0002]-[0006]– and this is the HDMI 2.1a standard))
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
v Claims 7-13 and 17-23 are rejected under 35 U.S.C. 103 as being unpatentable over “How to enable Xbox One Auto Low Latency Mode (ALLM)” (Brown, Matt; published on April 24, 2018 at https://www.windowscentral.com/hardware/dell/8-reasons-the-xps-13-is-designed-to-fit-student-life-from-lectures-to-late-night-study-sessions ) in view of “ALLM and VRR, games and Apps” (Online forum discussion from July 4, 2022 at https://gamefaqs.gamespot.com/boards/264564-xbox-series-x/80081980)
With respect to claims 7 and 17, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches a information processing device that is connected to a video output machine and that outputs video signals to the video output machine (the Xbox One console connected to TV monitor is an information processing device that is connected to a video output machine and that outputs video signals to the video output machine ), the information processing device comprising, and a control method for an information processing device that is connected to a video output machine and that outputs video signals to the video output machine, the information processing device including a processor and a storage section, the control method being executed by the processor and comprising;
a processor; and (claim 7) (Xbox one console comprises a processor),
a storage section, (claim 7) (Xbox one console comprises a memory as the ALLM capability “has been added via a firmware update”),
wherein the processor is configured to receive a setting of an automatic low latency mode and hold the setting in the storage section, and (see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s on/off setting for ALLM and setting stored in consoles memory)
execute an application, (Xbox One game console can execute/play a game in which case it executes a gaming application)
wherein when the video signals are to be outputted with variable refresh rate according to a process of the application being executed (“When ALLM is enabled, your display's settings can be automatically configured to provide the best experience for specific content. On Xbox One this ensures consistent visuals across different content types while reducing gaming latency”, see “how to enable Ebox One auto Low Latency Mode” GUI where console can receive user’s on/off setting for VRR and setting stored in consoles memory) and therefore when video signals are to be output with VRR (e.g., game video signal) during execution of a game application the video signals are output with VRR according to the process of the application)
“How to enable Xbox One Auto Low Latency Mode (ALLM)” does not appear to disclose,
the processor operates on an assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section
However, “ALLM and VRR, games and Apps” discloses
the processor operates on an assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section (user dweeeeb2 explains the problem that ALLM is broken when VRR is turned on because VRR setting automatically turns on LLM and muses that a solution would be that ALLM and VRR is triggered on (i.e., operates on an assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section) when gaming content requiring VRR is played)
“ALLM and VRR, games and Apps” suggests it is advantageous to wherein the processor operates on an assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, because doing so can ensure gaming content and movie content are displayed with optimal settings without requiring manual input/changing.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of “How to enable Xbox One Auto Low Latency Mode (ALLM)” to include wherein the processor operates on an assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, as taught by “ALLM and VRR, games and Apps”, because doing so can ensure gaming content and movie content are displayed with optimal settings without requiring manual input/changing.
With respect to claims 8 and 18, “How to enable Xbox One Auto Low Latency Mode (ALLM)” and “ALLM and VRR, games and Apps” teach the device of claim 7 and the method of claim 17. “How to enable Xbox One Auto Low Latency Mode (ALLM)” does not appear to disclose,
wherein in a case where the application outputs video signals with variable refresh rate, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, when the application is being executed
However, “ALLM and VRR, games and Apps” discloses
wherein in a case where the application outputs video signals with variable refresh rate, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, when the application is being executed (user dweeeeb2 explains the problem that ALLM is broken when VRR is turned on because VRR setting automatically turns on LLM and muses that a solution would be that ALLM and VRR is triggered on (i.e., operates on an assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section) when gaming content requiring VRR is played)
“ALLM and VRR, games and Apps” suggests it is advantageous to wherein in a case where the application outputs video signals with variable refresh rate, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, when the application is being executed, because doing so can ensure gaming content and movie content are displayed with optimal settings without requiring manual input/changing.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of “How to enable Xbox One Auto Low Latency Mode (ALLM)” to include wherein in a case where the application outputs video signals with variable refresh rate, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, when the application is being executed, as taught by “ALLM and VRR, games and Apps”, because doing so can ensure gaming content and movie content are displayed with optimal settings without requiring manual input/changing.
With respect to claims 9 and 19, “How to enable Xbox One Auto Low Latency Mode (ALLM)” and “ALLM and VRR, games and Apps” teach the device of claim 7 and the method of claim 17. “How to enable Xbox One Auto Low Latency Mode (ALLM)” does not appear to disclose,
wherein when the application being executed requires variable refresh rate output of video signals, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section
However, “ALLM and VRR, games and Apps” discloses
wherein when the application being executed requires variable refresh rate output of video signals, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section (user dweeeeb2 explains the problem that ALLM is broken when VRR is turned on because VRR setting automatically turns on LLM and muses that a solution would be that ALLM and VRR is triggered on (i.e., operates on an assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section) when gaming content requiring VRR is played)
“ALLM and VRR, games and Apps” suggests it is advantageous to wherein when the application being executed requires variable refresh rate output of video signals, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, because doing so can ensure gaming content and movie content are displayed with optimal settings without requiring manual input/changing.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of “How to enable Xbox One Auto Low Latency Mode (ALLM)” to include wherein when the application being executed requires variable refresh rate output of video signals, the processor operates on the assumption that the automatic low latency mode is ON regardless of the setting of the automatic low latency mode held in the storage section, as taught by “ALLM and VRR, games and Apps”, because doing so can ensure gaming content and movie content are displayed with optimal settings without requiring manual input/changing.
With respect to claims 10 and 20, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches the device of claim 9 and the method of claim 17;
wherein the application is a gaming application (Xbox One game console can execute/play a game in which case it executes a gaming application)
With respect to claims 11 and 21, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches the device of claim 7 and the method of claim 17;
wherein the processor is further configured to determine whether the video signals are to be outputted with variable or fixed refresh rate according to the process of the application being executed (see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s input for on/off setting for VRR in which case the gaming device determines whether the video signals are to be outputted with variable or fixed refresh rate according to the process of the application being executed)
With respect to claims 12 and 22, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches the device of claim 7 and the method of claim 17;
wherein the setting of the automatic low latency mode is received as a result of a user input (see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s input for on/off setting for ALLM and setting stored in consoles memory)
With respect to claims 13 and 23, “How to enable Xbox One Auto Low Latency Mode (ALLM)” teaches the device of claim 12 and the method of claim 22;
wherein the processor is further configured to cause a display of content of the setting, wherein the user input is received in response to a user selection of an option in the displayed content (see “how to enable Xbox One auto Low Latency Mode” GUI where console can receive user’s input for on/off setting for ALLM “content of the setting” is displayed (e.g., the box selection field in combination with the description of the setting) and the user input is received in response to user’s box selection of the option in the displayed content)
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Lu et al. (U.S. PG Pub No. 2023/0336806, October 19, 2023) teaches automatic switching between ALLM and VRR based on the detected type of content being played
Joh et al. (U.S. PG Pub No. 2021/0144443, May 13, 2021) teaches automatic switching of ALLM based on the detected type of content being played
Conclusion
No claim is allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DETWEILER whose telephone number is (571)272-4704. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached at telephone number (571)-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621
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