DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Office Action is in response to the Amendment filed on 08/25/2026.
Response to Arguments
Applicant’s arguments, see Remarks, filed 08/25/2026, with respect to the rejection(s) of claims 1-17 under a statutory type (35 U.S.C. 101) double patenting rejection have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made herein, that is, the rejection is changed from statutory 101 to obvious type double patenting rejection.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,516,528, and claims 16-17 are also rejected under the ground of nonstatutory double patenting as being unpatentable over claims 7 of U.S. Patent No. 11,516,528.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,778,260, and claims 16-17 are also rejected under the ground of nonstatutory double patenting as being unpatentable over claims 7 of U.S. Patent No. 11,516,528.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,149,774, and claims 16-17 area also rejected under the ground of nonstatutory double patenting as being unpatentable over claims 7 of U.S. Patent No. 12,149,774.
Although the conflicting claims are not identical, they are not patentably distinct from each other because they recite only obvious differences which would have been obvious to one of ordinary skill in the art at the time of invention such as simply omitting/adding steps or elements along with their functions, and implementing a system, product, or medium having a computer program for performing the method steps.
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Application No. 18/920,714
US Pat. No.11,516,528
US Pat. No 11,778,260
US Pat. No. 12,149,774
1. A display system comprising:
a remote control apparatus including a motion sensor and one or more keys; and
a display apparatus including:
a display, a communication unit configured to enable communications with the remote control apparatus, and a controller configured to: operate in a step mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the one or more keys, determine multi-directional spatial movements of the remote control apparatus along a spatial path sensed by the motion sensor, obtain a signal sensed by the motion sensor based on determining the multi-directional spatial movements, switch from the step mode to a pointing mode in which a pointer is displayed on the display and the pointer is moveable in a direction in accordance with a spatial movement of the remote control apparatus based on the signal sensed by the motion sensor and operate in the pointing mode in which the pointer is displayed on the display and moveable in accordance with the spatial movement of the remote control apparatus sensed by the motion sensor, and switch from the pointing mode to the step mode in response to receiving, through the communication unit, a signal corresponding to manipulation of the one or more keys from the remote control apparatus.
2. The display system of claim 1, wherein the controller is further configured to switch from the step mode to the pointing mode in response to receiving from the remote control apparatus, through the communication unit, signals corresponding to the multi-directional spatial movements of a predetermined pattern of spatial movement.
3. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
4. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
5. The display system of claim 1, wherein the controller is further configured to: determine the multi-directional spatial movements of the remote control apparatus based on movement information received from the remote control apparatus.
6. The display system of claim 1, wherein the remote control apparatus is configured to: determine if the multi-directional spatial movements of the remote control apparatus correspond to a predetermined pattern of spatial movement, and transmit a signal, to the display apparatus, for switching from the step mode to the pointing mode if it is determined that the multi-directional spatial movements correspond to the predetermined pattern of spatial movement.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to manipulation of the one or more keys, and wherein the controller of the display apparatus is further configured to move the focus in the step mode among the menu items displayed on the display in accordance with the signal corresponding to manipulation of the one or more keys, received from the remote control apparatus.
8. The display system of claim 1, wherein the controller is further configured to identify whether the signal sensed by the motion sensor indicates a predetermined pattern of spatial movement, and wherein the predetermined pattern of spatial movement comprises a predetermined pattern of multi-directional spatial movement.
9. The display system of claim 1, wherein the controller is further configured to switch from the pointing mode to the step mode based on determining the multi-directional spatial movements correspond to a predetermined pattern of spatial movement while in the pointing mode.
10. A display apparatus comprising: a display; a communication unit configured to receive signals from a remote control apparatus which comprises one or more keys; and a controller configured to: operate in a first mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the one or more keys, determine multi-directional spatial movements of the remote control apparatus along a spatial path, obtain one or more signals from the remote control apparatus in accordance with the multi-directional spatial movements of the remote control apparatus along the spatial path, and switch from the first mode to a second mode in which a pointer is displayed on the display and the pointer is moveable in a direction based on the one or more signals, and operate in the second mode in which the pointer is displayed on the display and the pointer is continuously moveable in response to receiving the one or more signals.
11. The display apparatus of claim 10, wherein the controller is further configured to switch from the first mode to the second mode in response to receiving from the remote control apparatus the one or more signals corresponding to the multi-directional spatial movements of a predetermined pattern of spatial movement.
12. The display apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
13. The display apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
14. The display apparatus of claim 10, wherein the controller is further configured to: determine if the one or more signals correspond to a predetermined pattern of spatial movement, and switch from the first mode to the second mode if the one or more signals correspond to the predetermined pattern of spatial movement.
15. The display apparatus of claim 10, wherein the controller is further configured to switch from the second mode to the first mode, in response to receiving, through the communication unit, a signal corresponding to manipulation of the one or more keys, from the remote control apparatus.
16. The display system of claim 1, wherein the one or more keys comprise a left direction key, a right direction key, an up direction key and a down direction key.
17. The display apparatus of claim 10, wherein the one or more keys comprise a left direction key, a right direction key, an up direction key and a down direction key.
1. A display system comprising:
a remote control apparatus including a motion sensor and keys, the keys comprising a left direction key, a right direction key, an up direction key and a down direction key; and a television apparatus including:
a display, a communication unit configured to enable communications with the remote control apparatus, and a controller configured to: operate in a step mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the left direction key, the right direction key, the up direction key and the down direction key, determine multi-directional spatial movements of the remote control apparatus along a spatial path sensed by the motion sensor correspond to a predetermined pattern of spatial movement, obtain a command to switch from the step mode to a pointing mode in which a pointer is displayed on the display and the pointer is moveable in a direction in accordance with a spatial movement of the remote control apparatus sensed by the motion sensor based on determining the multi-directional spatial movements correspond to the predetermined pattern of spatial movement, switch from the step mode to the pointing mode based on the command and operate in the pointing mode in which the pointer is displayed on the display and moveable in accordance with the spatial movement of the remote control apparatus sensed by the motion sensor, switch from the pointing mode to the step mode in response to receiving, through the communication unit, a signal corresponding to manipulation of a key among the keys from the remote control apparatus, control the display to display a graphic object, and switch between the step mode and the pointing mode based on selection of the graphic object.
2. The display system of claim 1, wherein the controller is configured to switch from the step mode to the pointing mode in response to receiving from the remote control apparatus, through the communication unit, signals corresponding to the multi-directional spatial movements of the predetermined pattern of spatial movement.
3. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
4. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
5. The display system of claim 1, wherein the controller is configured to: determine the multi-directional spatial movements of the remote control apparatus based on movement information received from the remote control apparatus.
6. The display system of claim 1, wherein the remote control apparatus is configured to: determine if the multi-directional spatial movements of the remote control apparatus correspond to the predetermined pattern of spatial movement, and transmit a signal corresponding to the command, to the television apparatus, for switching from the step mode to the pointing mode if it is determined that the multi-directional spatial movements correspond to the predetermined pattern of spatial movement.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to the manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key, and the controller of the television apparatus is configured to move the focus in the step mode among the menu items displayed on the display in accordance with the signal, corresponding to the manipulation of the direction key, received from the remote control apparatus.
8. The display system of claim 1, wherein the predetermined pattern of spatial movement comprises a predetermined pattern of multi-directional spatial movement.
9. The display system of claim 1, wherein the controller is further configured to switch from the pointing mode to the step mode based on determining the multi-directional spatial movements correspond to the predetermined pattern of spatial movement while in the pointing mode.
10. A television apparatus comprising: a display; a communication unit configured to receive signals from a remote control apparatus which comprises a left direction key, a right direction key, an up direction key and a down direction key; and a controller configured to: operate in a first mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the left direction key, the right direction key, the up direction key and the down direction key, determine multi-directional spatial movements of the remote control apparatus along a spatial path correspond to a predetermined pattern of spatial movement, obtain a command to switch from the first mode to a second mode in which a pointer is displayed on the display and the pointer is moveable in a direction, in response to receiving one or more signals from the remote control apparatus in accordance with the multi-directional spatial movements of the remote control apparatus along the spatial path corresponding to the predetermined pattern of spatial movement, switch from the first mode to the second mode based on the command and operate in the second mode in which the pointer is displayed on the display and the pointer is continuously moveable in response to receiving the one or more signals, control the display to display a graphic object, and switch between the first mode and the second mode based on selection of the graphic object.
11. The television apparatus of claim 10, wherein the controller is configured to switch from the first mode to the second mode in response to receiving from the remote control apparatus the one or more signals corresponding to the multi-directional spatial movements of the predetermined pattern of spatial movement.
12. The television apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
13. The television apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
14. The television apparatus of claim 10, wherein the controller is configured to: determine if the one or more signals correspond to the predetermined pattern of spatial movement, and switch from the first mode to the second mode if the one or more signals correspond to the predetermined pattern of spatial movement.
15. The television apparatus of claim 10, wherein the controller is configured to switch from the second mode to the first mode, in response to receiving, through the communication unit, a signal corresponding to manipulation of a key among the keys from the remote control apparatus.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to the manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key,
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to the manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key,
1. A display system comprising:
a remote control apparatus including a motion sensor and keys, the keys comprising a left direction key, a right direction key, an up direction key and a down direction key; and a display apparatus including: a display, a communication unit configured to enable communications with the remote control apparatus, and a controller configured to: operate in a step mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the left direction key, the right direction key, the up direction key and the down direction key, determine multi-directional spatial movements of the remote control apparatus along a spatial path sensed by the motion sensor correspond to a predetermined pattern of spatial movement, obtain a command to switch from the step mode to a pointing mode in which a pointer is displayed on the display and the pointer is moveable in a direction in accordance with a spatial movement of the remote control apparatus sensed by the motion sensor based on determining the multi-directional spatial movements correspond to the predetermined pattern of spatial movement, switch from the step mode to the pointing mode based on the command and operate in the pointing mode in which the pointer is displayed on the display and moveable in accordance with the spatial movement of the remote control apparatus sensed by the motion sensor, and switch from the pointing mode to the step mode in response to receiving, through the communication unit, a signal corresponding to manipulation of a key among the keys from the remote control apparatus.
2. The display system of claim 1, wherein the controller is configured to switch from the step mode to the pointing mode in response to receiving from the remote control apparatus, through the communication unit, signals corresponding to the multi-directional spatial movements of the predetermined pattern of spatial movement.
3. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
4. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
5. The display system of claim 1, wherein the controller is configured to: determine the multi-directional spatial movements of the remote control apparatus based on movement information received from the remote control apparatus.
6. The display system of claim 1, wherein the remote control apparatus is configured to: determine if the multi-directional spatial movements of the remote control apparatus correspond to the predetermined pattern of spatial movement, and transmit a signal corresponding to the command, to the display apparatus, for switching from the step mode to the pointing mode if it is determined that the multi-directional spatial movements correspond to the predetermined pattern of spatial movement.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to the manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key, and the controller of the display apparatus is configured to move the focus in the step mode among the menu items displayed on the display in accordance with the signal, corresponding to the manipulation of the direction key, received from the remote control apparatus.
8. The display system of claim 1, wherein the predetermined pattern of spatial movement comprises a predetermined pattern of multi-directional spatial movement.
9. The display system of claim 1, wherein the controller is further configured to switch from the pointing mode to the step mode based on determining the multi-directional spatial movements correspond to the predetermined pattern of spatial movement while in the pointing mode.
10. A display apparatus comprising: a display; a communication unit configured to receive signals from a remote control apparatus which comprises a left direction key, a right direction key, an up direction key and a down direction key; and a controller configured to: operate in a first mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the left direction key, the right direction key, the up direction key and the down direction key, determine multi-directional spatial movements of the remote control apparatus along a spatial path correspond to a predetermined pattern of spatial movement, obtain a command to switch from the first mode to a second mode in which a pointer is displayed on the display and the pointer is moveable in a direction, in response to receiving one or more signals from the remote control apparatus in accordance with the multi-directional spatial movements of the remote control apparatus along the spatial path corresponding to the predetermined pattern of spatial movement, and switch from the first mode to the second mode based on the command and operate in the second mode in which the pointer is displayed on the display and the pointer is continuously moveable in response to receiving the one or more signals.
11. The display apparatus of claim 10, wherein the controller is configured to switch from the first mode to the second mode in response to receiving from the remote control apparatus the one or more signals corresponding to the multi-directional spatial movements of the predetermined pattern of spatial movement.
12. The display apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
13. The display apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
14. The display apparatus of claim 10, wherein the controller is configured to: determine if the one or more signals correspond to the predetermined pattern of spatial movement, and switch from the first mode to the second mode if the one or more signals correspond to the predetermined pattern of spatial movement.
15. The display apparatus of claim 10, wherein the controller is configured to switch from the second mode to the first mode, in response to receiving, through the communication unit, a signal corresponding to manipulation of a key among the left direction key, the right direction key, the up direction key and the down direction key, from the remote control apparatus.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to the manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key,
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to the manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key,
1. A display system comprising: a remote control apparatus including a motion sensor and keys, the keys comprising a left direction key, a right direction key, an up direction key and a down direction key; and a display apparatus including:
a display, a communication unit configured to enable communications with the remote control apparatus, and a controller configured to: operate in a step mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the left direction key, the right direction key, the up direction key and the down direction key, determine multi-directional spatial movements of the remote control apparatus along a spatial path sensed by the motion sensor, obtain a signal sensed by the motion sensor based on determining the multi-directional spatial movements, switch from the step mode to a pointing mode in which a pointer is displayed on the display and the pointer is moveable in a direction in accordance with a spatial movement of the remote control apparatus based on the signal sensed by the motion sensor and operate in the pointing mode in which the pointer is displayed on the display and moveable in accordance with the spatial movement of the remote control apparatus sensed by the motion sensor, and switch from the pointing mode to the step mode in response to receiving, through the communication unit, a signal corresponding to manipulation of a key among the keys from the remote control apparatus.
2. The display system of claim 1, wherein the controller is configured to switch from the step mode to the pointing mode in response to receiving from the remote control apparatus, through the communication unit, signals corresponding to the multi-directional spatial movements of a predetermined pattern of spatial movement.
3. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
4. The display system of claim 2, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
5. The display system of claim 1, wherein the controller is configured to: determine the multi-directional spatial movements of the remote control apparatus based on movement information received from the remote control apparatus.
6. The display system of claim 1, wherein the remote control apparatus is configured to: determine if the multi-directional spatial movements of the remote control apparatus correspond to a predetermined pattern of spatial movement, and transmit a signal, to the display apparatus, for switching from the step mode to the pointing mode if it is determined that the multi-directional spatial movements correspond to the predetermined pattern of spatial movement.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key, and the controller of the display apparatus is configured to move the focus in the step mode among the menu items displayed on the display in accordance with the signal corresponding to manipulation of the direction key, received from the remote control apparatus.
8. The display system of claim 1, wherein the controller is further configured to identify whether the signal sensed by the motion sensor indicates a predetermined pattern of spatial movement, and wherein the predetermined pattern of spatial movement comprises a predetermined pattern of multi-directional spatial movement.
9. The display system of claim 1, wherein the controller is further configured to switch from the pointing mode to the step mode based on determining the multi-directional spatial movements correspond to a predetermined pattern of spatial movement while in the pointing mode.
10. A display apparatus comprising: a display; a communication unit configured to receive signals from a remote control apparatus which comprises a left direction key, a right direction key, an up direction key and a down direction key; and a controller configured to: operate in a first mode in which a focus is stepwise movable among menu items displayed on the display in a direction in accordance with manipulation of the left direction key, the right direction key, the up direction key and the down direction key, determine multi-directional spatial movements of the remote control apparatus along a spatial path, obtain one or more signals from the remote control apparatus in accordance with the multi-directional spatial movements of the remote control apparatus along the spatial path, and switch from the first mode to a second mode in which a pointer is displayed on the display and the pointer is moveable in a direction based on the one or more signals, and operate in the second mode in which the pointer is displayed on the display and the pointer is continuously moveable in response to receiving the one or more signals.
11. The display apparatus of claim 10, wherein the controller is configured to switch from the first mode to the second mode in response to receiving from the remote control apparatus the one or more signals corresponding to the multi-directional spatial movements of a predetermined pattern of spatial movement.
12. The display apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a numeral ‘8’ in space.
13. The display apparatus of claim 11, wherein the predetermined pattern of spatial movement corresponds to the remote control apparatus drawing a shape of a circle in space.
14. The display apparatus of claim 10, wherein the controller is configured to: determine if the one or more signals correspond to a predetermined pattern of spatial movement, and switch from the first mode to the second mode if the one or more signals correspond to the predetermined pattern of spatial movement.
15. The display apparatus of claim 10, wherein the controller is configured to switch from the second mode to the first mode, in response to receiving, through the communication unit, a signal corresponding to manipulation of a key among the left direction key, the right direction key, the up direction key and the down direction key, from the remote control apparatus.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key.
7. The display system of claim 1, wherein the remote control apparatus is configured to transmit the signal corresponding to manipulation of a direction key from among the left direction key, the right direction key, the up direction key and the down direction key
Conclusion
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/TADESSE HAILU/Primary Examiner, Art Unit 2174
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