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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 5, and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 (and similarly claim 5) recites that when a value of a second setting is the sixth value and the environment value is a second value, then “causing a second device to provide sixth output” and “causing the second device to provide seventh output that is different from the sixth output” (or similarly, in the case of claim 5, displaying a transitioning indication regarding both the sixth and seventh output). It is unclear how different outputs can be output under the same input conditions. In other words, claims 4 and 5 each recite two different outputs when the inputs are equivalent (i.e., when a value of a second setting is the sixth value and the environment value is a second value). These limitations are therefore contradictory.
Similarly, claim 8 recites that when the setting corresponding to the user is the third value and the environmental value is the fourth value, the first device provides “output that is different from the fifth output”. However, claim 1, from which claim 8 depends, recites that when the setting corresponding to the user is the third value and the environmental value is the fourth value, the first device provides “fifth output”. It is unclear how an output can be both a “fifth output” and also be “different from the fifth output” under the same circumstances. These limitations are therefore contradictory.
The scope of the claimed subject matter cannot be determined by one of ordinary skill in the art, and thus claims 4, 5, and 8 are indefinite.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-2, 4-5, 8-9, 11-13, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dellinger et al. (US 2018/0275860).
Regarding claim 1, Dellinger discloses a method, comprising: at a computer system that is in communication with a display component and a first device (abstract, fig. 1, ¶ 6-9, ¶ 12, ¶ 48; see also fig. 6A, ¶ 201, device 6000 with display 6004):
while the first device is providing first output, detecting a presence of a user (figs. 6A-G, ¶ 201-206, e.g., Chris logs in);
and in response to detecting the presence of the user: in accordance with a determination that a value of a setting corresponding to the user is a first value and a value of a characteristic of an environment is a second value, causing the first device to provide second output that is different from the first output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the user is a third value, different from the first value, and the value of the characteristic of the environment is the second value, causing the first device to provide third output that is different from the second output and the first output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is a fourth value, different from the second value, causing the first device to provide fourth output that is different from the third output, the second output, and the first output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
and in accordance with a determination that the value of the setting corresponding to the user is the third value and the value of the characteristic of the environment is the fourth value, causing the first device to provide fifth output that is different from the fourth output, the third output, the second output, and the first output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment).
Regarding claim 2, Dellinger discloses in response to detecting the presence of the user: in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the second value, displaying, via the display component, an indication that the first device is being transitioned from providing the first output to providing the second output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the user is a third value and the value of the characteristic of the environment is the second value, displaying, via the display component, an indication that the first device is being transitioned from providing the first output to providing the third output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the fourth value, displaying, via the display component, an indication that the first device is being transitioned from providing the first output to providing the fourth output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
and in accordance with a determination that the value of the setting corresponding to the user is the third value and the value of the characteristic of the environment is the fourth value, displaying, via the display component, an indication that the first device is being transitioned from providing the first output to providing the fifth output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment).
Regarding claim 4, Dellinger discloses wherein the setting is a first setting, the method further comprising: in response to detecting the presence of the user: in accordance with a determination that a value of a second setting, different from the first setting, is a sixth value and the value of a second characteristic of the environment is the second value, causing a second device to provide sixth output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., both display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
and in accordance with a determination that the value of the second setting is the sixth value and the value of the second characteristic of the environment is the second value, wherein the seventh value that is different from the sixth value, causing the second device to provide seventh output that is different from the sixth output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., both display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment).
Regarding claim 5, Dellinger discloses in accordance with a determination that the value of the second setting is the sixth value and the value of the second characteristic of the environment is the second value, displaying, via the display component, the indication that the second device is being transitioned from providing a respective output to providing the sixth output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., both display brightness and volume adjusted, volume icon displayed and brightness changes; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
and in accordance with a determination that the value of the second setting is the sixth value and the value of the second characteristic of the environment is the second value, displaying, via the display component, the indication that the second device is being transitioned from providing the respective output to providing the seventh output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., both display brightness and volume adjusted, volume icon displayed and brightness changes; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment).
Regarding claim 8, Dellinger discloses while the first device is providing the first output, detecting a presence of a second user different from the user (figs. 6I-O, ¶ 208-215, e.g., operating environment configured for Sasha);
and in response to detecting the presence of the second user: in accordance with a determination that the value of the setting corresponding to the second user is a first respective value, different from the first value, and the value of the characteristic of the environment is the second value, causing the first device to provide output that is different from the second output (figs. 6I-O, ¶ 208-215, operating environment configured based on Sasha’s profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the second user is a second respective value, different from the third value, and the value of the characteristic of the environment is the second value, causing the first device to provide output that is different from the third output (figs. 6I-O, ¶ 208-215, operating environment configured based on Sasha’s profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the second user is the first respective value and the value of the characteristic of the environment is the fourth value, causing the first device to provide output that is different from the fourth output (figs. 6I-O, ¶ 208-215, operating environment configured based on Sasha’s profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
and in accordance with a determination that the value of the setting corresponding to the user is the third value and the value of the characteristic of the environment is the fourth value, causing the first device to provide output that is different from the fifth output (figs. 6I-O, ¶ 208-215, operating environment configured based on Sasha’s profile, e.g., display brightness and volume adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment).
Regarding claim 9, Dellinger discloses wherein detecting the presence of the user includes detecting that a user is in a respective position (fig. 6C, ¶ 204-205, see also fig. 6I, ¶ 208, image of user identified in the camera’s field of view).
Regarding claim 11, Dellinger discloses wherein detecting presence of the user includes detecting that a body part of the user is within a predetermined distance from a display (fig. 6C, ¶ 204-205, see also fig. 6I, ¶ 208, image of user identified in the camera’s field of view).
Regarding claim 12, Dellinger discloses wherein the first device is a local device (fig. 1; see also fig. 6A, ¶ 201, device 6000 with display 6004).
Regarding claim 13, Dellinger discloses wherein the first device is a global device (fig. 1, ¶ 208, ¶ 217, e.g., remote server disclosed)
Regarding claim 18, this claim is rejected under the same rationale as claim 1.
Regarding claim 19, this claim is rejected under the same rationale as claim 1.
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.
Claims 3, 6, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Dellinger in view of Charlton et al. (US 2017/0050308).
Regarding claim 3, Dellinger discloses wherein the computer system is in communication with a second display component (figs. 1-2, ¶ 44, ¶ 54, internet and/or wireless networks disclosed),
the method further comprising: in response to detecting a presence of the user is detected within a first predetermined distance from the display component: in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the second value, forgoing displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the second output (fig. 6A, see ¶ 201, ¶ 207, device may time-out after stepping away from the desk wherein device locks and operating environment reverts to default position);
in accordance with a determination that the value of the setting corresponding to the user is a third value and the value of the characteristic of the environment is the second value, forgoing displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the third output (fig. 6A, see ¶ 201, ¶ 207, device may time-out after stepping away from the desk wherein device locks and operating environment reverts to default position);
in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the fourth value, forgoing displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the fourth output (fig. 6A, see ¶ 201, ¶ 207, device may time-out after stepping away from the desk wherein device locks and operating environment reverts to default position);
and in accordance with a determination that the value of the setting corresponding to the user is the third value and the value of the characteristic of the environment is the fourth value, forgoing displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the fifth output (fig. 6A, see ¶ 201, ¶ 207, device may time-out after stepping away from the desk wherein device locks and operating environment reverts to default position).
Dellinger fails to explicitly disclose in response to detecting the presence of the user is detected within the first predetermined distance from the second display component: in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the second value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the second output; in accordance with a determination that the value of the setting corresponding to the user is a third value and the value of the characteristic of the environment is the second value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the third output; in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the fourth value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the fourth output; and in accordance with a determination that the value of the setting corresponding to the user is the third value and the value of the characteristic of the environment is the fourth value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the fifth output.
Charlton teaches in response to detecting the presence of the user is detected within the first predetermined distance from the second display component: in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the second value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the second output (¶ 26-33, badge reader disclosed; ergonomic profile provided to a second work station when operator moves from first to second workstation);
in accordance with a determination that the value of the setting corresponding to the user is a third value and the value of the characteristic of the environment is the second value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the third output (¶ 26-33, badge reader disclosed; ergonomic profile provided to a second work station when operator moves from first to second workstation);
in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the fourth value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the fourth output (¶ 26-33, badge reader disclosed; ergonomic profile provided to a second work station when operator moves from first to second workstation);
and in accordance with a determination that the value of the setting corresponding to the user is the third value and the value of the characteristic of the environment is the fourth value, displaying, via the second display component, the indication that the first device is being transitioned from providing the first output to providing the fifth output (¶ 26-33, badge reader disclosed; ergonomic profile provided to a second work station when operator moves from first to second workstation).
Dellinger and Charlton are both directed to ergonomic profiles for workstations. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Dellinger with the device of Charlton since such a modification provides a badge can transmit identification information about the operator (Charlton, ¶ 26) and ergonomic profiles for different operators can be provided to different workstations (Charlton, ¶ 33).
Regarding claim 6, Dellinger discloses in response to detecting the presence of the user: in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the second value, displaying, via the display component, an indication of an identity of the user concurrently with the indication that the first device is being transitioned from providing the first output to providing the second output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; data setting can include, e.g., theme settings; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the user is a third value and the value of the characteristic of the environment is the second value, displaying, via the display component, the indication of the identity of the user concurrently with the indication that the first device is being transitioned from providing the first output to providing the third output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; data setting can include, e.g., theme settings; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
in accordance with a determination that the value of the setting corresponding to the user is the first value and the value of the characteristic of the environment is the fourth value, displaying, via the display component, the indication of the identity of the user concurrently with the indication that the first device is being transitioned from providing the first output to providing the fourth output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; data setting can include, e.g., theme settings; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
and in accordance with a determination that the value of the setting corresponding to the user is the third value and the value of the characteristic of the environment is the fourth value, displaying, via the display component, the indication of the identity of the user concurrently with the indication that the first device is being transitioned from providing the first output to providing the fifth output (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; data setting can include, e.g., theme settings; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment).
Regarding claim 7, Dellinger discloses wherein displaying the indication that the first device is being transitioned from providing the first output to providing the second output, includes displaying an indication (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., display brightness and volume adjusted, volume icon displayed; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment),
wherein: in accordance with a determination that a first set of criteria is met, the indication includes a first property (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., brightness of volume icon adjusted; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment);
and in accordance with a determination that a second set of criteria is met, the indication includes a second property different from the first property (figs. 6A-6G, ¶ 201-206, operating environment configured based on Chris’ profile, e.g., volume adjusted, volume icon displayed; see also figs. 6Q-R, ¶ 215, ¶ 220, e.g., brightness, volume adjusted based on ambient environmental conditions; see also ¶ 239, device configuration based on both user profile and ambient environment).
Dellinger in view of Charlton fails to explicitly disclose an animation. However, Examiner takes official notice that the use of animation for graphical user interfaces is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Dellinger in view of Charlton with the well-known graphical user interface animation since such a modification achieves the predictable result of providing dynamic graphical feedback.
Regarding claim 10, Dellinger fails to explicitly disclose wherein detecting presence of the user includes detecting a device.
Charlton teaches wherein detecting presence of the user includes detecting a device (¶ 26-33, badge reader disclosed; ergonomic profile provided to a second work station when operator moves from first to second workstation).
Dellinger and Charlton are both directed to ergonomic profiles for workstations. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Dellinger with the device of Charlton since such a modification provides a badge can transmit identification information about the operator (Charlton, ¶ 26) and ergonomic profiles for different operators can be provided to different workstations (Charlton, ¶ 33).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH L CRAWLEY whose telephone number is (571)270-7616. The examiner can normally be reached Monday - Friday 10-6 ET.
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/KEITH L CRAWLEY/Primary Examiner, Art Unit 2626
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