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 Objections
Claim 11 is objected to because of the following informalities:
Change Claim 11, Line 6: Change “connected” to – connected to --.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 8 and 9 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. It is unclear where the LEDs are located. Are they on the face plate or the game controller, or both? To advance prosecution, the LEDs are assumed to be only on the game controller. Appropriate attention is required.
Claim Eligibility - 35 USC § 101
5. Examiner does not find an abstract mathematical concept, mental process, or certain means of organizing human activity in the recited claims.
Claim Rejections - 35 USC § 102
6. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claims 7-9 and 18-19 are rejected under 35 U.S.C. § 102 (a1, a2) as being anticipated by U.S. Pat. Pub. No. 2022/0150347 to Hulbert.
In Reference to Claim 7
Hulbert discloses a method for adjusting one or more controller settings of a video game controller by detecting a faceplate (gaming case 510 in near-field communication with device 100 [0123]), comprising:
receiving a faceplate (Fig. 1 shell 210, Fig. 5 protective case 510) containing a faceplate communication device (NFC antenna 110 [0067]) onto the video game controller (Fig. 5 device 100 used in gaming mode [0123]);
receiving a signal from the faceplate communication device of the faceplate by a controller communication device connected to the video game controller as an indication of the receiving of the faceplate onto the video game controller (setting information is communicated to the game device of Fig. 5 [0123], see also [0044, 0052, 0065]); and
adjusting the one or more controller settings based on the indication of the receiving of the faceplate onto the video game controller (settings are changed when the case is applied for a graphical user interface which is changed from a first, default 310 to a second, different interface 312 [0044, 0068], see also modify settings of a keyboard, or change the mode of operation [0126] when using gaming case 510 [0123]).
In Reference to Claim 8
Hulbert discloses the electronic devices bearing LED displays ([0161]) which illuminate
to display a graphical user interface as in Fig. 5 where the settings for the graphical user interface are changed from a first, default 310 to a second, different interface 312 [0044, 0068] when protective case 510 or shell 124 is applied [0123]).
In Reference to Claim 9
Hulbert discloses the electronic devices bearing LED displays ([0161]) which illuminate
to display a graphical user interface as in Fig. 5 where the settings for the graphical user interface are changed from a first, default 310 to a second, different interface 312 [0044, 0068] when protective case 510 or shell 124 is applied [0123]). Also, LED display interfaces can be changed when switching cases 112 from one shell 124 to another different, shell 124 (Fig. 1A).
In Reference to Claim 18
Hulbert discloses a faceplate (shell 210) for a video game controller (Fig. 5 shell for intended use of game controller (gaming case 510 to device 100 [0123]) comprising:
a body (Fig. 1 shell 210); and
a communication device connected to the body and configured to interface with the video game controller (NFC antenna 110 [0067]);
wherein the communication device is configured to communicate controller setting data or faceplate identification information to the video game controller when in proximity to the video game controller (setting information is communicated to the game device of Fig. 5 where the settings for a graphical user interface are changed from a first, default 310 to a second, different interface 312 [0044, 0068], see also modify settings of a keyboard, or change the mode of operation [0126] when using gaming case 510 [0123]).
In Reference to Claim 19
Hulbert discloses NFC antenna communication device [0044, 0052, 0065]).
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. 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.
11. Claims 1, 3-4, 11-12, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2015/0367234 to Jones in view of Hulbert.
In Reference to Claim 1
Jones discloses a video game controller (Fig. 4), comprising:
a controller body (Fig. 4 exterior of controller);
a controller communication device (Fig. 6 communication module 630 [0029]);
a plurality of light emitting diodes (LEDs) disposed in the controller body (game controller illuminates “one of more LEDs” [0022], “Game XYZ requires a particular color and/or blink pattern to be displayed using LEDs according to the user preferences of the user to whom the game invitation was sent. The indication of the notification may be provided on the game controller at 530. In this example, LEDs may be illuminated in the specified color.” [0026], “action button 610 of the controller may be “associated with one of more LEDs” [0029], see also [0030]); and
one or more processors disposed in the body and operatively connected the controller communication device to control the plurality of LEDs (Fig. 6 processor 640 in communication with action button 610 and elements 621-626 to also include said LEDs).
Jones discloses the invention substantially as claimed. However, the reference does not explicitly disclose a faceplate configured to be connected to the body, wherein the faceplate further comprises a faceplate communication device configured to communicate with the controller communication device, wherein said one or more processors control said plurality of LEDs based on detection of the faceplate being connected to the controller body by the controller communication device communicating with the faceplate communication device. One of skill in the art to be aware of the teachings of the shell and communication interface of Hulbert.
Hulbert teaches of dynamic user interface for electronic devices based on attached accessories (Titl.) to include a shell (Fig. 1 shell 124 which is a faceplate) associated with an antenna for near-field communications with an electronic device 100 (Abstr., see also [004, 0065, 0067]). The shell also has applicability to game controllers. According to Hulbert,
Gaming case 510 is another example case that may use a near-field wireless communication antenna to cause a device to change to an operating mode that is contextually relevant to the intended use of case, and also use near-field wireless communication systems to provide auxiliary inputs that are contextually relevant to the intended use of the case. For example, the gaming case 510 may have a near-field wireless communication antenna that causes the device 100 to enter a gaming mode, which may include transitioning from a first graphical user interface to a gaming graphical user interface 516. In some implementations, the gaming graphical user interface 516 is a selection screen of gaming applications (represented by the application icons with the triangle, circle, and square shapes) that a user may select, though the gaming graphical user interface 516 may be any other type of interface. For example, attaching the gaming case 510 to the device 100 may cause the device 100 to launch a single gaming application (which may be selected by the user), thereby causing that game's dedicated graphical user interface to appear. [0123]
Thus, the cover or shell {faceplate} is configured with a communication device of a NFC antenna for the intended use of communicating with the controller communication of the electronic device 100 (“In response to detecting the near-field wireless communication antenna, the electronic device may be configured to switch from the first graphical output to the second graphical output. The first graphical output may include a first background image, and the second graphical output may include a second background image different from the first background image.” [0004, 0065, 0067]). Hulbert invents the shell “to dynamically alter the operation of the electronic device” [0002].
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way; and
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Here, it would require only routine skill in the art to modify the game controller of Jones with the shell of Hulbert to achieve the predictable result of dynamically alter the operations of the game controller. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
In Reference to Claim 3
Hulbert discloses wherein the shell 124 {faceplate} is configured to be removably connected to the controller body such that the faceplate is swappable with a second faceplate (Fig. 1 protective cases 112 with swappable shells 124, detachable [0004]).
In Reference to Claim 4
Jones discloses at least one analog stick (Fig. 4 430 [0018]), at least two trigger buttons (Fig. 4 450), at least one action button (Fig. 4 410), and at least one directional pad operatively installed to the body of the video game controller (Fig. 4 420);
wherein the one or more processors are operatively connected to each of the above elements (Fig. 6 showing the processor 640 in communication with 610, 621, 622, and 624).
In Reference to Claim 11
Jones discloses a video game controller (Fig. 4), comprising:
a controller body (Fig. 4 exterior of controller);
a controller communication device (Fig. 6 communication module 630 [0029]);
at least one analog stick, at least two trigger buttons, at least one action button, and at least one directional pad operatively installed to the controller body (Jones discloses at least one analog stick (Fig. 4 430 [0018]), at least two trigger buttons (Fig. 4 450), at least one action button (Fig. 4 410), and at least one directional pad operatively installed to the body of the video game controller (Fig. 4 420);
the one or more processors disposed in the controller body, operatively connected to the controller communication device (Fig. 6 processor 640 in communication with communication module 630) to receive information from the game console [0029])
wherein the one or more processors are operatively connected to the at least one analog stick, the at least two trigger buttons, the at least one action button, and the at least one directional pad (Fig. 6 showing the processor 640 in communication with 610, 621, 622, and 624) to receive user input via the at least one analog stick, the at least two trigger buttons, the at least one action button, and the at least one directional pad (user uses these elements to provide input via the game controller Figs. 4 and 6).
Jones discloses the invention substantially as claimed. However, the reference does not explicitly disclose the controller communication device module 630 receiving faceplate information and configured to receive the faceplate information from the controller communication device, where the faceplate information corresponds to a first (Second) faceplate, the one or more processors are configured to set one or more controller settings to a first (second) set of settings, the second set of settings different from the first set of settings.
Hulbert teaches of dynamic user interface for electronic devices based on attached accessories (Titl.) to include a shell (Fig. 1 shell 124 which is a faceplate) associated with an antenna 110 for near-field communications {communications device} with an electronic device 100 (Abstr., see also [004, 0065, 0067]). The shell also has applicability to game controllers. According to Hulbert,
Gaming case 510 is another example case that may use a near-field wireless communication antenna to cause a device to change to an operating mode that is contextually relevant to the intended use of case, and also use near-field wireless communication systems to provide auxiliary inputs that are contextually relevant to the intended use of the case. For example, the gaming case 510 may have a near-field wireless communication antenna that causes the device 100 to enter a gaming mode, which may include transitioning from a first graphical user interface to a gaming graphical user interface 516. In some implementations, the gaming graphical user interface 516 is a selection screen of gaming applications (represented by the application icons with the triangle, circle, and square shapes) that a user may select, though the gaming graphical user interface 516 may be any other type of interface. For example, attaching the gaming case 510 to the device 100 may cause the device 100 to launch a single gaming application (which may be selected by the user), thereby causing that game's dedicated graphical user interface to appear. [0123]
The faceplate {cover or shell} is configured with a communication device of a NFC antenna 110 for the intended use of communicating with the controller communication of the electronic device 100 (“In response to detecting the near-field wireless communication antenna, the electronic device may be configured to switch from the first graphical output to the second graphical output. The first graphical output may include a first background image, and the second graphical output may include a second background image different from the first background image.” [0004, 0065, 0067]).
Hulbert also discloses the electronic devices bearing LED displays ([0161]) which illuminate to display a graphical user interface as in Fig. 5 where the settings for the graphical user interface are changed from a first, default 310 to a second, different interface 312 [0044, 0068] when protective case 510 or shell 124 is applied [0123]). Also, LED display interfaces can be changed when switching cases 112 from one {first faceplate} shell 124 to another different, {second faceplate} shell 124 (Fig. 1A, see also modify settings of a keyboard, or change the mode of operation [0126] when using gaming case 510 [0123]).
Hulbert invents the shell “to dynamically alter the operation of the electronic device” [0002].
Here, it would require only routine skill in the art to modify the game controller of Jones with the faceplate (shell) and faceplate information and first {second} faceplates and settings of Hulbert to achieve the predictable result of dynamically alter the operations of the game controller. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
In Reference to Claim 12
Jones discloses wherein one or more of the controller settings correspond to light settings for lighting up a plurality of LEDs on the video game controller (a plurality of light emitting diodes (LEDs) disposed in the controller body (game controller illuminates “one of more LEDs” [0022], “Game XYZ requires a particular color and/or blink pattern to be displayed using LEDs according to the user preferences of the user to whom the game invitation was sent. The indication of the notification may be provided on the game controller at 530. In this example, LEDs may be illuminated in the specified color.” [0026], “action button 610 of the controller may be “associated with one of more LEDs” [0029], see also [0030]).
In Reference to Claim 16
Hulbert teaches wherein one or more of the controller settings correspond to one or more programmable buttons on the video game controller such that the one or more programmable buttons are programmed to a first set of functions when the first faceplate is installed to the video game controller and to a second set of functions different from the first set of functions when the second faceplate is installed to the video game controller (Depending on the case or skin applied Fig. 5 demonstrates that the electronic device will have a first or a second functionality different from a default (o case) functionality and associated butts having complementary functions to the respective functionality or operating mode ([0123-0125] where “the device 100 may enter a gaming mode or graphical user interface, and the auxiliary inputs 512, 514 may be mapped to gaming inputs (e.g., to control a character or other aspect of a game). If the user exits the gaming mode while the device 100 is still in the gaming case 510, the auxiliary inputs 512, 514 may be re-mapped to other functions.” [0125]).
In Reference to Claim 17
Examiner construes wherein one or more of the controller settings is for assigning a stick sensitivity value to one or more control sticks as non-functional descriptive matter as whether or not there is a setting for the stick has no effect on the operation of the claim or the subsequent steps and the setting inherent in the analog joystick of Jones would perform equally well.
12. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jones, Hulbert further in view of U.S. Pat. Pub. No. 2007/0163420 to Reiss.
Jones discloses the invention substantially as claimed, However, the reference does not explicitly disclose artwork on the faceplate where one or ore areas are translucent such that light from the plurality of LEDs shines through the one or more areas. One of skill in the art would be aware of the teachings of Reiss.
Reiss teaches of decorative covers (Fig. 2) for an electronic guitar device (Titl.) wherein the decorative cover includes decorative images 710, embellishments with design components, laser cuttings 802 and rastered engravings 804 ([0038, 0075], see Fig. 7, 9, 11, 22 and 25). The decorative cover is translucent to allow light from an underlying light strip to shine through [0029, 0070], see also Fig. 14 where the light illuminates cover 200).
Here, it would require only routine skill in the art to modify the shell of Jones with the decorative cover of Reiss to achieve the predictable result of modifying the appearance of an electronic device. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
13. Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jones, Hulbert further in view of U.S. Pat. Pub. No. 2021/0142700 to Peterson.
Jones discloses the invention substantially as claimed. However, the reference does not explicitly disclose wherein the one or more processors control the plurality of LEDs based on sound received from a game system console. Examiner construes the sounds received from the console broadly to be either audio sound signals from the console or audible sound wave signals moving through the air where the processor is allowing power and the ability for the LEDs to respond to either stimulus. One of skill in the art would recognize the teachings of Peterson.
Peterson teaches of a multi-function light apparatus (Ttil.) where an electronic device includes a housing and an array of LEDs deposited on a substrat disposed in the housing. (Abstr.). Fig. 13 demonstrates an embodiment of a lighting feature of an electronic device where the electronic device can be a game controller [0100]. When the game controller is configured with the LEDs, the “LEDs of the indicia may be illuminated according to a rhythm/style of music or other sounds being played or activated on the device.” And illumination may occur according to “a pulse to a rhythm or sound uniformly, such as to a song, the ring of a phone call, the background sounds in a game being played on the device” [0063]. One of skill in the art would understand these sounds not to be limited to sounds coming from the electronic device but coming from anywhere in the environment to include coming from the game console because the LEDs are responding to the ambient sound waves and not internal signals from the electronic device. Peterson notes, “Note, devices in which the notification/display functions of the LEDs of the indicia are contemplated are not limited to mobile devices or personal/multimedia computing devices. Rather, other devices such as headphones, speakers, personal home assistant/multimedia/multifunction devices, cameras, etc. are also contemplated for use with the above described embodiments of indicium illumination.” [0063].
Here, it would require only routine skill in the art to modify the signal processing and/or power usage of the controller LEDs of Jones with the types of LEDs responsive to sound of Peterson to achieve the predictable result of allowing the controller to provide a more immersive gaming experience for the user as it illuminates in response to game background music and sound effects. The Courts have held that simple substitution of one known element for another to obtain predictable results to be indicia of obviousness.
14. Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jones, Hulbert further in view of U.S. Pat. Pub. No. U.S. Pat. No. 2013/0053146 to Ikeda.
Jones discloses the invention substantially as claimed. However, the reference does not explicitly disclose wherein the video game controller further includes one or more rumble motors, wherein the one or more processors control the plurality of LEDs based on feedback corresponding to the one or more rumble motors. One of skill in the art would be aware of the game controllers of Ikeda.
Ikeda teaches of game controllers with a pair of grips configured with rumble motors 150 (Fig. 9). According to Ikeda, “The controller further includes lights 156 on the ends of hand grips 102 and 104. The lights may be used to provide visual feedback on the controller 100 of any of various in-game activities and conditions. The lights 156 may operate in tandem with the rumble motors 150 for additional feedback when one or both rumble motors 150 activate.” [0046]. Ikdea incorporates the rumble motors to improve the user’s experience by providing tactile feedback from the video game [0044]. “For example, if a user is running up against a virtual wall on the left side of a virtual car being controlled by the user, the left rumble motor may vibrate to provide tactile feedback of the condition. Both rumble motors may activate in a combat game when the user is hit with virtual artillery.” [0044].
Here, it would require only routine skill in the art to modify the game controller of Jones with the ruble motors installed in each hand grip to achieve the predictable result of providing visual and tactile feedback to a user where the lights and motors are working in tandem.
15. Claims 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hulbert in view of U.S. Pat. Pub. No. 2017/0146730 to O’Keefe.
Hulbert discloses the invention substantially as claimed to include adjusting the settings on a faceplate and of the electronic devices bearing LED displays ([0161]) which illuminate
to display a graphical user interface as in Fig. 5 where the settings for the graphical user interface are changed from a first, default 310 to a second, different interface 312 [0044, 0068] when protective case 510 or shell 124 is applied [0123]). Also, LED display interfaces can be changed when switching cases 112 from one shell 124 to another different, shell 124 (Fig. 1A). However, the reference does not explicitly disclose revealing hidden artwork on the faceplate by lighting LED behind the artwork in response to the indication of the receiving of the faceplate onto the video game controller, or wherein one or more of the controller settings correspond to light settings for lighting up a plurality of LEDs on the video game controller, such that the plurality of LEDs are set to a first lighting pattern when the first faceplate is installed to the video game controller and to a second lighting pattern different from the first lighting pattern when the second faceplate is installed to the video game controller.
O’Keefe teaches of faceplates that cover electrical wall outlet or light switch where the faceplate is translucent allowing light from a plurality of LEDs to illuminate the faceplate (Abstr.). O’Keefe further teaches that the faceplate may bear artwork 225 on a rear surface of the translucent layer so that it can remain hidden until the device illuminates the faceplate to reveal it. [0068]. Lastly, O’Keefe teaches of different lighting patterns where the faceplates have seasonal artwork {first, second patterns, the second different than the first pattern}. O’Keefe provides this so that the faceplates may be changed by the user to fit their decorative preferences. “For example, the translucent layer can depict seasonal artwork.”
Here, it would require only routine skill in the art to modify the faceplates of Hulbert with the transparent, hidden and revealed artwork of O’Keefe to achieve the predictable result of allowing a gamer adorn his controller with coverings that suit her preferences and further serve as a cur that if the hidden image is revealed that the controller is receiving power.
16. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hulbert in view of Reiss.
Hulbert discloses the invention substantially as claimed to include housing electronic devices bearing LED displays ([0161]), However, the reference does not explicitly disclose a shell with outer portions having artwork thereon, the artwork or outer portions being translucent and configured to allow light from LEDs of the video game controller to shine through (Examiner construes to allow light from LEDs of the video game controller to shine through as an intended use). One of skill in the art would be aware of the teachings of Reiss.
Reiss teaches of decorative covers (Fig. 2) for an electronic guitar device (Titl.) wherein the decorative cover includes decorative images 710, embellishments with design components, laser cuttings 802 and rastered engravings 804 ([0038, 0075], see Fig. 7, 9, 11, 22 and 25). The decorative cover is translucent to allow light from an underlying light strip to shine through [0029, 0070], see also Fig. 14 where the light illuminates cover 200).
Here, it would require only routine skill in the art to modify the shell of Hulbert with the decorative cover of Reiss to achieve the predictable result of modifying the appearance of an electronic device. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited.
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992.
19. 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.
20. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached on (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992.
/PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715
Prosecution Insights